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receive them was proportionate in terms of distribution throughout the county, but because <br />of medical privacy issues, they did not want to share the exact number of people who have <br />received their cards who list Pleasanton as their place of residence. She further discussed <br />a federal drug enforcement agency shutting down one of three dispensaries in Alameda <br />County, but several jurisdictions such as Berkeley, Oakland, Santa Rosa, Santa Cruz, <br />West Hollywood, Arcata, and Placerville all relay they operate dispensaries without having <br />significant problems or calls for police services. A couple of jurisdictions voiced problems <br />which include re-sale and illegal cultivation of marijuana. <br /> <br />However, staff still believes there is significant evidence of criminal activity at or around <br />dispensaries and while there are examples of non-significant problems, the <br />preponderance of evidence indicates that those communities were having significant <br />problems which results in a lot of diversion and use of medical marijuana by non-qualified <br />people. Therefore, staff recommends there be a prohibition on dispensaries because of <br />there are available dispensaries in the area, some provide delivery services, the evidence <br />of secondary negative effect, and the concern regarding illegal diversion particularly to <br />minors. Also, prohibiting dispensaries does not prohibit qualified people from using it in the <br />community, just from prohibiting the storefront operating and selling medical marijuana. <br /> <br />Staff presented the following options available to the Council: having staff continue to track <br />federal legislation and return to Council if it changes to coincide with state law; <br />communicate with local congressional delegation to support this type of legislation; form a <br />task force or refer the matter to the Human Services Commission to study what the <br />community need is and how the City could meet such need; direct staff to propose an <br />ordinance to allow medical marijuana dispensaries to operate in the city using some of the <br />information provided from some of the other communities, subject to regulations. <br /> <br />Mayor Hosterman confirmed the supplemental information was just provided tonight to the <br />Council from staff which was information from the California Police Chief’s Association, the <br />Contra Costa District Attorney’s Office, and an article which appeared in the California <br />Lawyer. When the Council had last reviewed the moratorium extension, staff provided <br />information about negative effects of dispensaries and direction was to bring back <br />information about the i.d. card program, communities that were not having negative <br />effects, and this information still supports the staff’s conclusions. <br /> <br />Mayor Hosterman said she did not read the supplemental information and her decisions <br />would be based on the last and most current staff report. She said additional options were <br />outlined, and she asked Ms. Seto for an explanation of the distinction between placing a <br />ban and then allowing for some options and also the moratorium. <br /> <br />Ms. Seto explained that Pleasanton’s moratorium which prohibits medical marijuana <br />dispensaries will end in August 2007 as the City will be coming up to the two-year <br />maximum. Staff’s recommendation is to adopt the ban on dispensaries, which can be done <br />in conjunction with any of the other options, and recommends the ban be adopted so that <br />the Council could have time to study one of the other options without the risk of the <br />moratorium lapsing. The Council could also repeal a ban and move forward with other <br />options, but if the Council wanted to regulate dispensaries, it would need to be heard <br />before the Planning Commission, possibly a task force, and to the Council prior to its <br />adoption. She noted that in April, staff received contact from a person interested in <br />opening a dispensary in the City. <br /> <br /> <br />City Council Minutes 6 June 5, 2007 <br /> <br /> <br /> <br />