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City of Pleasanton
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7/11/2007 2:51:39 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/17/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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Councilmember McGovern suggested staff consider installing flashing signs. City <br />Manager Fialho said in the next couple of weeks, a traffic calming program would come to <br />the Council for Alisal and Sycamore. <br />Mayor Hosterman called for a brief break and thereafter, the Council reconvened its regular <br />meeting with all members present. <br />PUBLIC HEARINGS AND OTHER MATTERS <br />22. Public Hearing: Receive status report regarding community needs for medical marijuana, <br />Alameda County's Identification Card Program, dispensaries within the County, and <br />effects of dispensaries operating in other jurisdictions; <br />Assistant City Attorney Larissa Seto gave the staff report, said the moratorium does not <br />allow a storefront to open to sell medical marijuana, but qualified patients can continue to <br />use medical marijuana within community. When Council reviewed the matter in July last <br />year to extend the moratorium, they asked for more information about medical marijuana <br />and issues that were going on in the community; specifically were the needs of residents <br />being met. were there operations in Alameda County with regard to their identification card <br />program and how that was proceeding, as well as dispensaries operating in the County, <br />and lastly, what information could staff gather about dispensaries operating throughout the <br />state that were not having crime or negative secondary effects which was the information <br />staff presented with regard to the moratorium. <br />Ms. Seto provided a brief overview of the legal issue at the California State level, the <br />federal level and some recent litigation in cases that have been proceeding. She said <br />cities have taken various approaches to the issue, some adopted a moratorium on <br />dispensaries, outright bans, and some allow dispensaries to operate. At the state court <br />level, Americans for Safe Access challenged some of the cities that had adopted <br />regulations prohibiting dispensaries, but none have gone to final court action for resolution. <br />At the county level, some have gone to state court to challenge Sacramento's requirement <br />that they actually adopt an i.d. card program. <br />Most recently, a state senator has asked for an opinion, which has not yet been issued, <br />about whether or not, under current state law, storefront dispensaries are legal and also, if <br />elected officials allow storefront dispensaries, could they be subject to any type of civil or <br />criminal liability if those dispensaries then operate in violation of law. <br />In response to Council's questions, Ms. Seto they asked various public health groups in <br />the community for them to provide information of patients, Tri-Cities Health Center <br />prescribes medical marijuana of these four organizations; however, they did not ask all <br />doctors and clinics. They have been told that east county residents do not feel <br />comfortable going to the dispensaries in Hayward and Oakland and would prefer to have a <br />dispensary in the east county. There is also discussion about whether Pleasanton should <br />be serving the needs of its residents and it had been suggested a task force or other study <br />be looked at. <br />Staff also contacted Alameda County staff about their i.d. card program which is operated <br />in compliance with state law, she discussed the requirements, but to obtain an i.d. card <br />was a voluntary decision by a patient or caregiver, so someone could still go to a <br />dispensary without having to have an i.d. card. Alameda County indicates that those who <br />City Council Minutes 5 June 5, 2007 <br />
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