MEDICAL POT LOSES IN SUTTER

Medical marijuana dispensaries are not indispensable in Sutter
County, planning commissioners decided Wednesday night. The panel
voted 5-1 for an ordinance banning dispensaries in the county's
zoning code. The Board of Supervisors, which has already voted in
favor of a temporary ban, will have the final say.

Commissioner Gabrial Singh cast the only "no" vote, saying
dispensaries are needed by cancer and other patients who cannot take
other types of pain medication. Sheriff Jim Denney proposed the
zoning ban, saying dispensaries could be raided by federal agents if
approved by the county. He also cited law-enforcement problems
surrounding dispensaries in other cities, including Roseville.

"This is not about whether medical marijuana has value but whether we
can legally have dispensaries," even with an ordinance, said Denney.

"I uphold all laws, including drug laws. If I am not enforcing
federal laws, the Drug Enforcement Administration and the FBI will," he said.

Even possession of marijuana is illegal under federal law, despite
California's approval in 1996 of Proposition 215, which legalized
possession of medical marijuana, said Denney.

Singh said Denney's duty is to uphold state and county laws, not federal law.

Denney responded that neither Proposition 215 or the later Senate
Bill 420 deals with dispensaries.

Denney said he supports the right of patients to grow their own
marijuana in limited quantities. The law allows six mature plants, 12
immature plants and a half-pound of dried marijuana, he said.

Denney said he has instructed his deputies not to confiscate plants
without confirming that the patient has an official identification
card indicating the drug was grown with a doctor's recommendation.
Doctors cannot prescribe marijuana, he said.

The ID cards are unavailable in Sutter County after the Board of
Supervisors said the state should issue them, not the county. Anyone
who needs a card must get it in Sacramento or in another county,
Denney said in an interview.

Besides Singh, only Darren Courtney, a Butte County medical marijuana
activist, spoke against the ban. Courtney, who uses medical marijuana
for neurological problems, said he is forced to travel to other
counties to buy it. The dispensary issue is "still on the table" in
Butte County, which he described as more liberal than Sutter County.

Not all dispensaries are plagued with crime like some in the Bay
Area, said Courtney.

Even if dispensaries are legalized in Sutter County, the question
remains of how they would be regulated, said Denney.

"I can assure you that I and my staff will not. I won't enable anyone
to violate federal law," he said.

Denney denied Singh's accusation that his stance on the dispensary
issue is influenced by his religious beliefs.

Commissioners Jana Shannon, Maynard Dunn, Preet Khan, Annette
Bertolini and Craig Starkey voted for the ordinance. Member Diljit
Bains was absent.

Yuba City and Live Oak previously voted to ban dispensaries.

Vote in the Poll

Appeal-Democrat reporter Rob Young can be reached at 749-4710. You
may e-mail him at ryoung@appeal-democrat.com.

Marysville Appeal-Democrat, Nov. 16th Sutter revisiting pot clubs

Rob Young (http://www.appeal-democrat.com/Appeal-Democrat

Marysville, CA Nov 15, 2005 -- The Sutter County Planning Commission
on Wednesday will revisit Sheriff Jim Denney's proposal to modify the
zoning code to prohibit medical marijuana dispensaries.

The 7 p.m. meeting will be at the Hall of Records, 466 Second St.,
Yuba City. The commission's recommendation will go to the Board of Supervisors.

The proposal was tabled at the commission's October meeting at the
request of commission member Gabrial Singh, who said Monday he favors
allowing well-regulated dispensaries in Sutter County.

The Board of Supervisors voted Feb. 15 to ban dispensaries. Denney's
proposal would formalize the ban.

Denney said Monday he wants to strike a balance between state law,
which allows possession of medical marijuana, and federal law.

In June, the U.S. Supreme Court ruled that the manufacture,
distribution, dispensing and even possession of marijuana is illegal.
About a week later, the House of Representatives failed to pass
legislation that would have blocked the Justice Department from
cracking down on California and nine other states where medical
marijuana is legal, Denney wrote in a memo to county Senior Planner
Lisa Wilson.

Denney said he favors the right of patients with licenses to grow
small amounts of medical marijuana for their own use as authorized by
two state laws. Proposition 215 and Senate Bill 420. But neither law
allows dispensaries, he said.

Federal agents could raid Sutter County dispensaries if they are
allowed, he said.

Dispensaries in other California cities and counties have been
plagued by robberies, illegal drug use and other problems and have
been raided, he said.

As a county official, Denney should act according to state law, not
federal law, said Singh.

Singh did not deny that dispensaries have had problems, especially
those in Oakland. But Sutter County's could have strict guidelines, he said.

"I'm not advocating marijuana for everyone who wants to get high," he said.

Yuba City and Live Oak have passed ordinances prohibiting dispensaries.