Nevada County cites ‘threat' in medicinal pot shops

[JackTheGrower]

No lead in comment..

Serious read...

By David Mirhadi
Staff Writer

One day before Nevada City considers a moratorium on medicinal marijuana establishments within its borders, Nevada County supervisors will consider on Tuesday an ordinance prohibiting medical marijuana dispensaries in unincorporated areas of the county.

If approved, according to a staff report, the urgency ordinance would take effect immediately and be valid for 45 days. At least four of the five supervisors would need to vote for the urgency ordinance for it to pass.

The staff report indicates that “there is a current and immediate threat to the health, safety and welfare of the citizens of Nevada County” without an urgency ordinance.

The report indicates the county planning director will be responsible for crafting rules and regulations concerning the location and operation of such establishments.

Grass Valley recently placed a moratorium on such operations, and Nevada City on Wednesday faces the end of its 45-day moratorium. Three people have expressed an interest in running medical marijuana dispensaries in Nevada City.

“I think there's a lot more to this than just the operation of dispensaries,” Penn Valley-area Supervisor Hank Weston said Sunday. “It's a quality of life issue. We need to ask ourselves, is it something that is needed in Nevada County?”

The nearest medical marijuana dispensary is in Colfax, about 12 miles away.

Weston said the moratorium will simply give the county a chance to craft policies it does not currently have. He said he was unaware of anyone wanting to place a dispensary in the unincorporated areas of Nevada County, which the supervisors govern and set policy for.

“I think it's a question of, where can it go?” Weston said of dispensaries. “Whose backyard doesn't want to be bothered?”

The county's staff report indicates that Nevada County Sheriff Keith Royal urges the board to “take steps to ban these types of businesses within the unincorporated areas of Nevada County.”

The sheriff's recommendation, the staff report indicates, is supported by a five-year history of criminal activity in Nevada County related to marijuana activity.

Last month, Nevada County District Attorney Cliff Newell prepared a letter to county planners who requested comment on the establishment and operation of dispensaries in Nevada County.

In the seven-page letter, Newell advocates for caution when considering such establishments, which are legal under a narrow scope of guidelines under an initiative passed by California voters in 1996.

“Time is needed to study the many existing ordinances and assess the true needs of Nevada County residents with medical marijuana recommendations,” Newell wrote.

He also raised many questions, asking how many in Nevada County have medical marijuana recommendations, how many grow their own marijuana and the legality of the distribution of the marijuana for its intended purpose.

Newell's letter also notes the conflict with federal law, where it is a crime to possess, sell, distribute or transport marijuana of any kind, though Newell pointed out that the federal government has pledged not to target marijuana distributors who follow state laws allowing marijuana's use for specific purposes.

The county's staff report indicates other cities in California with established medical marijuana dispensaries “have at a minimum experienced an increase in crime, such as burglary, robbery and sales of illegal drugs,” a notion supported by a 2009 “white paper” on marijuana dispensaries produced by the California Police Chiefs Association task force.

Weston, who chairs the board of supervisors, said he's not sure how he's going to vote.

“I'm going to listen. I don't want to rush into this.”

To contact Staff Writer David Mirhadi, e-mail [email protected] or call 477-4239.

Folks this is Nevada County! Gawd help us if they are subject to the "Marijuana Fears"

 

[Hydro-Soil]

The county's staff report indicates other cities in California with established medical marijuana dispensaries “have at a minimum experienced an increase in crime, such as burglary, robbery and sales of illegal drugs,” a notion supported by a 2009 “white paper” on marijuana dispensaries produced by the California Police Chiefs Association task force.

The blind leading the blind. *sigh* Nothing like continuing your ignorance by turning to the voice of ignorance. They act like the crime issues are 'caused' by the dispensaries. When it's finally re-legalized and all the problems associated with PROHIBITION go away, they'll act like they knew it would be ok all along. So dumb.

 

[JackTheGrower]

Hell I know Nevada County.. I'm glued to this outcome..

 

[PharmaCan]

The county's staff report indicates other cities in California with established medical marijuana dispensaries “have at a minimum experienced an increase in crime, such as burglary, robbery and sales of illegal drugs,” a notion supported by a 2009 “white paper” on marijuana dispensaries produced by the California Police Chiefs Association task force.

So now the white paper, which is really nothing more than ideological propaganda and not supported by data, is being quoted as an authoritative source. These damn drug warriors make this crap up as they go along then quote themselves as authoritative sources. What a load of crab. How sad that so much of the public buys into it.

PC

 

[AnonyMoose67]

“I think it's a question of, where can it go?” Weston said of dispensaries. “Whose backyard doesn't want to be bothered?”

...I have a backyard....

 

[FreedomFGHTR]

People V Coria states that Marijuana Sales is not a public welfare offense.

 

[JackTheGrower]

What is it then? Is it the idea of wild hippies dancing on roof tops?

Is it that undesirable people will fill the streets for the Sunday School crowd to see?

What are the reasons for the fear do you think?

 

[Hydro-Soil]

What are the reasons for the fear do you think?

70 years of "Cannabis is Icky" from our govt..... that's the problem.

 

[Blue Dot]

People V Coria states that Marijuana Sales is not a public welfare offense.

Tell that to Bill Horn, a county supe down here in SD.

He believes that dispensaries send the "wrong message" to kids that MJ is an acceptable alternative treatment.

He thinks 215 is "bad law" and therefore we shouldn't encourage the children to respect "bad law", ie MMJ.

 

[FreedomFGHTR]

Blue Dot that funny about the "Bad Laws" because I think that laws that prohibit cannabis and criminalize it's users are Bad Laws.

 

[Blue Dot]

Got a link to People V Coria? (findlaw says I need to sign in??)
I wouldn't mind emailing or presenting the county board of supes that decision.

 

[Hash Zeppelin]

So now the white paper, which is really nothing more than ideological propaganda and not supported by data, is being quoted as an authoritative source. These damn drug warriors make this crap up as they go along then quote themselves as authoritative sources. What a load of crab. How sad that so much of the public buys into it.

PC

my comment is on the quote below from the thread topic article.

"The county's staff report indicates other cities in California with established medical marijuana dispensaries “have at a minimum experienced an increase in crime, such as burglary, robbery and sales of illegal drugs,” a notion supported by a 2009 “white paper” on marijuana dispensaries produced by the California Police Chiefs Association task force."

Just another group of people willing to lie because they are to lazy, or insecure to find the truth. They tell the facts that they want to be true, so they dont have to face reality. It hurts their precious, fragile, little egos to bad for them to be wrong. This also seems to be a trait of old racist white men everywhere.

People believe anything these days, because about 90% of your average citizen(not growers) are borderline retarded. Go research polls online where news crews ask large amounts of american citizens to tell them some basic facts about the globe, or even their own country. They ask simple questions that you should know by 5th grade. For example; locate europe on the globe. Most people actually could not answer this questions, or many similar ones like it. America has become a nation of idiots due to apathy. Apathy for their country, for their education system, and even for their children.

Sheep for the slaughter.

 

[Blue Dot]

The county's staff report indicates other cities in California with established medical marijuana dispensaries “have at a minimum experienced an increase in crime, such as burglary, robbery and sales of illegal drugs,” a notion supported by a 2009 “white paper” on marijuana dispensaries produced by the California Police Chiefs Association task force.

This is like the same "white paper" the Cali narcotics assoc put out on MMJ and "trains" their officers with, as evidenced in people vs Davidovich down here in SD where the arresting officer said his training included the "paper" put out by the CA narcotics assoc.

There's a link to this paper in another thread I believe and it would be comical in it's inaccuracies if it werent for the fact that people were actually being convicted on this nonsense.

 

[nonnativecali2]

not that i live in nevada city and have been following this very closely or anything... the paper that printed this article always tend to lean anti-cannabis. but that aside, the nevada city city council are being reasonable about this, minus one person (david mckay). the mayor and vice-mayor of nevada city are backing these places of business to open, which is quite positive. hopefully they worked something out since the last meeting so that the moratorium can end and the people that already have their business licenses can open. i dont know how the county BOS views this issue though, but it seems they're adequately being scare-mongered by good old DA Newell and Sheriff Royal. we'll have to wait and see how it turns out over the next few days.

 

[JackTheGrower]

I have to agree that Nevada County is a very reasonable place for the most part.

Thanks for that news nonnativecali2.

There is a radio station there as well worth letting you all know about KVMR

Love the vibes especially for Hawaiian music show.. Nice to have a cup and a smoke on Sunday morning with them...


Jack

 

[FreedomFGHTR]

Got a link to People V Coria? (findlaw says I need to sign in??)
I wouldn't mind emailing or presenting the county board of supes that decision.

Well I found out about people v coria (1999) 21 Cal.4th 868, 876-880 from reading People V Urziceanu. It's on page 37 of that decision, a precedent that the justices used

 

[nonnativecali2]

just went down a little bit ago. unfortunate, but not necessarily surprising. hopefully the city council gets this right tomorrow night. from today's The Union online edition.

http://www.theunion.com/article/20090811/WEBUPDATE/908119991/1066&ParentProfile=1053

County moratorium on pot shops


By Dave Moller
Senior Staff Writer,
Nevada County Supervisors enacted an emergency, 45-day moratorium on medical marijuana dispensaries this afternoon in a unanimous vote.

The move means legal pot shops can't be opened in the county areas outside the cities of Truckee, Grass Valley and Nevada City.

Grass Valley is currently under a one-year moratorium for pot shops, and Nevada City will deal with its current 45-day moratorium when it lapses Wednesday night.

For the full story, see Wednesday's edition of The Union.

 

[Blue Dot]

Well I found out about people v coria (1999) 21 Cal.4th 868, 876-880 from reading People V Urziceanu. It's on page 37 of that decision, a precedent that the justices used

For example, in the case of People v. Coria (1999) 21 Cal.4th 868, our Supreme
Court held that knowledge of the character of the substance being manufactured is an
essential element of the crime of manufacturing methamphetamine. (Health & Saf. Code, §
11379.6.) The court pointed out that a person could be engaged in a portion of the
manufacturing process without necessarily knowing that the end product was
methamphetamine. The court noted that it had reached the same conclusion with regard to
other drug statutes: “[A]lthough criminal statutes prohibiting the possession,
transportation, or sale of a controlled substance do not expressly contain an element that
the accused be aware of the character of the controlled substance at issue [citations], such
a requirement has been implied by the courts. [Citations.] For the same reason, the
manufacturing statute must be construed to include such a knowledge element. [Citation.]”

 

[FreedomFGHTR]

Blue Dot this is how it is refered to in People v Urziceanu

While the sale of marijuana is not a "public welfare offense" (see People v. Coria (1999) 21 Cal.4th 868, 876-880[/qoute]

The rely on People V Coria as the precent for determining that even though Coria involves meth...

 

[Blue Dot]

Blue Dot this is how it is refered to in People v Urziceanu

While the sale of marijuana is not a "public welfare offense" (see People v. Coria (1999) 21 Cal.4th 868, 876-880

The rely on People V Coria as the precent for determining that even though Coria involves meth...

Yeah, I read that too. I just don't see how the sale of MJ (specifically dispensaries) is related to Coria.