CHICO POLICE UNION SAYS OFFICERS "WILL NOT PARTICIPATE" IN ORDINANCE
ALLOWING POT DISPENSARIES

CHICO -- The executive board of the Chico Police Officers Association
said Friday they believe plans to allow two large marijuana
dispensaries in the city are illegal, and they want no part of it.

The Chico City Council approved an ordinance establishing two
dispensaries of up to 10,000 square feet at its meeting July 5,
although the vote was not unanimous.

On Friday, CPOA board members delivered two versions of a letter to
councilors expressing their concerns about dispensaries, and stated in
the letters that members of the association "will not participate in
any part of the medical marijuana ordinance that involves commercial
marijuana growing or selling operations."

CPOA spokesman Will Clark said if the ordinance results in
dispensaries being established, officers will follow federal and state
laws, and the directives of the district attorney, in enforcing the
law.

"To do otherwise would violate our oath as officers to follow the
constitution of the United States, the California constitution, and
our pledge to protect the citizens of this community," Clark said.

"We want to be known as the city of trees, not the city of weed," he
stated.

Clark noted there is no formal opposition to another ordinance, which
will allow citizens with a Proposition 215 medical marijuana card to
grow up to 50 square feet of pot plants on private property, or indoor
grows of the same size with a permit, for personal medicinal use.

There is no limit on the number of plants allowed within that plot
size, nor is there a limit on the number of patients who can share in
the crop.

Clark said the CPOA's stance on city-authorized dispensaries is in
line with Police Chief Mike Maloney and Butte County District Attorney
Mike Ramsey, who have long warned they could lead to federal action
taken against city officials.

A July 1 letter from Benjamin Wagner, U.S. Attorney for the Eastern
District of California, put an exclamation mark on the warnings, but
Maloney, Chico City Manager Dave Burkland and City Attorney Lori
Barker met with Wagner July 14 in Sacramento to get clarification on
certain points in the letter.

Burkland said he plans to tell the City Council at its meeting Aug. 2
that Wagner said some city officials could face action from federal
authorities, and said he hopes the dispensary part of the ordinance
will be rescinded.

Other cities in California have authorized dispensaries in operation,
including some within Wagner's jurisdicton. It's unknown why Chico and
Isleton, in Sacramento County, are so far the only two in the Eastern
District to receive warning letters.

Ramsey confirmed on Friday that any dispensary operation would be
considered "a marijuana store" and would therefore be illegal.

He said prosecutions connected to such operations would be handled by
federal authorities, and not his office.

Clark pointed out that the City Council will, ironically, be
considering the fate of the pot dispensary ordinance on Aug. 2, which
is National Night Out.

"We'll be out telling citizens they should obey the law and report
unlawful activity, while city leaders will be deciding if it's OK to
not follow it."

Should dispensaries begin operation, Clark said officers would be
duty-bound to respond to incidents and emergencies on the property.

"We will not assist in any way in any activity that normalizes,
standardizes, expedites or assists in the establishment of facilities
set up for the commercial growing and selling of marijuana," the
letter to council members reads.

Mayor Ann Schwab and councilors Bob Evans and Mark Sorensen voted
against the ordinance. In a Norcal blog posted Friday, Sorensen opined
that if the state really wants to authorize pot dispensaries, it
should task an organization such as Alcoholic Beverage Control to
create a proper regulatory environment, operational guidelines,
product quality testing, product potency testing and standards, legal
impairment and intoxication standards. "We have the cart so far ahead
of the horse, that the horse can't even see the cart," he wrote.

Mary Flynn, Andy Holcombe, Scott Gruendl and Jim Walker voted in favor
of the ordinance.