Goleta Council Votes to Prohibit Medical Marijuana Dispensaries

Faced with approaching expiration of current moratorium, city opts for ban

By | Published on 06.02.2009

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[Note: The white paper mentioned in the story was from the California Police Chiefs Association’s Task Force on Marijuana Dispensaries. An earlier version of the story was incorrect.]

While decrying the insufficiency of the facts at hand to do so, the Goleta City Council Tuesday evening voted unanimously for an ordinance prohibiting medical marijuana dispensaries.

The council voted with the intent that ensuing discussions would eventually result in regulation of the distribution of medical marijuana, rather than prohibition. But facing the upcoming expiration of a 22-month-old city moratorium on the establishment of such dispensaries, and what appeared to be the members’ lack of preparation about how to best dispense medical marijuana, the council backed the prohibition, although the vote may be temporary.

“There’s too much to discuss, there’s too much for the public to discuss,” Goleta Mayor Roger Aceves said. “And what’s going to happen is, that if we don’t come to an agreement by Aug. 30, we have to accept applications from anyone that wants to sell medical marijuana.”

The heart of the matter, according to City Attorney Tim Giles, is the conflict between the state and the federal government on the legality of medical marijuana dispensaries. California allows for such establishments, while the U.S. government does not.

Currently, only the city of Santa Barbara and the unincorporated county allow for medical marijuana dispensaries. Carpinteria and Solvang prohibit them, while Lompoc and Santa Maria have moratoriums in place.

For the most part, the council argued against the ordinance as it was initially presented, disagreeing with the staff report based on a white paper titled “White Paper on Marijuana Dispensaries” by the California Police Chiefs Association’s Task Force on Marijuana Dispensaries, dated April 22, 2009, which concludes that the presence of marijuana dispensaries led to an increase of crime in the area.

“I suppose we could go on quite a rampage,” surmised Councilman Michael Bennett, noting that other establishments – liquor stores, gun shops – might also trigger an increase in crime. Councilman Eric Onnen, meanwhile, also remained unconvinced that the anecdotal white paper contained enough evidence to prohibit the business of selling medical marijuana. Councilwoman Margaret Connell voiced concern about the loss of access for patients who could not grow their own supply, one of the few ways medical marijuana would be allowed to be dispensed.

One of the evening’s most emotional arguments came from local resident, a 27-year-old who suffers from Crohn’s disease, a debilitating gastrointestinal disease that he said required him to take morphine for 14 months. The man told the the council that he felt suicidal from the pain and use of opiates before his doctor and nurses recommended marijuana as a way to find relief.

“Please don’t take it away from me,” wept Gustavo Litvin on his knees before the City Council.

The vote for prohibition, however temporary, was not good news to Mark Russell, the operator of a licensed medical marijuana cooperative establishment in Goleta called Grass Roots Research. Russell said he has 16 patients to whom he gives the drug; any excess, he explained, he sells to other licensed establishments.

While the council tried to make sure his ability to do business was not impaired, Russell argued that a ban on medical marijuana establishments would make it near impossible for him to relocate his business from his home into a commercial site. He opened the dispensary in 2005, but as the law since has been hazy regarding medical marijuana dispensaries, he has found it difficult to work with the city to establish a designated facility from which to operate.

“Do I have hope this will work out?” he asked. “The current moratorium has been in effect for 22 months. (Staff) never had any intentions of regulating. They waited until the last minute to put the city council in a position where time was an issue, and it’s just not fair.”

The ordinance comes before the council again June 16 for a second reading.

Noozhawk staff writer Sonia Fernandez can be reached at .(JavaScript must be enabled to view this email address).

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» on 06.02.09 @ 09:04 PM

I’m wondering how additional medical marijuana dispensaries keep popping up.  Is it being prescribed more?  I’m sure the extra business isn’t being generated from young adults who have bogus prescriptions.  No way!  We wouldn’t let that happen!  In all seriousness, they do attract more crime than liquor stores.  The one on Upper State next to the German restaurant is a prime example.

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» on 06.03.09 @ 02:53 AM

Have to agree that keeping marijuana dispensaries out of Goleta is a good move. Anyone notice the ads for medical marijuana in the Independent for treatment of ADD or ‘general health’? I don’t think the voters of California who thought cancer patients would benefit realized that lots of kids would develop severe back pain and other ailments requiring marijuana.

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» on 06.03.09 @ 03:17 AM

Drug crime arises because people have to deal with criminals to get drugs.
Let’s focus on getting rid of the violence and the criminals. Let’s put the cartels out of business.
Let ordinary Americans (Californians?) grow a little marijuana in their own back yards.
$100 per year for a permit for 12 plants.
Would anybody go for it?

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» on 06.03.09 @ 04:08 AM

In case you hadn’t noticed, the Attorney General of the United States Eric Holder issued a statement that the federal government would not be focusing on the legal operations of medical marijuana dispenseries, effectively respecting the state laws that govern these operations. They also recognize that marijuana can medically relieve numerous symptoms that patients suffer related to a whole panoply of diseases. How can you humanely deny this successful medical treatment, endorsed by more and more medical professionals, that does no harm to others? It is a smokescreen to hide behind federal enforcement, when that threat has been eliminated from the top.

Anyone who defends guns and access to liquor over the medical treatment needed by so many is shortsighted or in absolute denial. How many deaths and life-long injuries are caused by irresponsible drinking and firearms compared to those who have died or been maimed from marijuana?

Try to open your mind and leave behind those images concocted during the 50s about crazed marijuana junkies to scare all of us. Instead do a little reading about the proven medical uses of the THC that can improve the quality of life for someone dealing with chronic or terminal illness. If you were ill, wouldn’t you want access to everything that could improve your life?

I would expect no less from the elected officials on the Goleta City Council. Don’t make this decision in fear of backlash, arm yourselves with knowledge, information, medical testimony. Stand up for those in your community who have need for this medical therapy. Would you consider outlawing radiation labs that deliver medical treatment because exposure to radioactivity is dangerous? Pray tell, what is the difference?

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» on 06.03.09 @ 05:15 AM

The only thing these dispensaries do is attract criminal and gang activity and make money for the owners - they are not regulated and the “medical treatment” sham is just a back door to easy access to the drug for anyone with a headache.  Kind of like Viagra needs a doctor’s approval ha ha ha.
There is no clear definition of what qualifies or necessitates “treatment”. It’s a joke. And everyone who does qualify abuses the privilege and resells or gives the stuff to those unqualified. The dealers now have a more convenient and less legally risky supply source - that’s the difference this makes.
There are other treatments for these “illnesses” besides marijuana and it is not as though they will die without it, like the potheads wish you to think. Medical marijuana is just one baby step toward their goal of legalization, trying to make you think it’s a medical necessity and make you feel like a jerk for “denying sick people their medicine”. What a bunch of crap. An addict will go to extreme lengths to obtain their substance easily.

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» on 06.03.09 @ 05:17 AM

The “concerned parent ” wants to let their kid grow pot in the backyard?

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» on 06.03.09 @ 05:22 AM

“I suppose we could go on quite a rampage,” surmised Councilman Michael Bennett, noting that other establishments – liquor stores, gun shops – might also trigger an increase in crime.

Oh there ya go so no problem so let’s just add a few more sources to trigger increases in crime! Why dont we throw in a few strip clubs because hey we already have crime what’s a little more! What an idiot Bennett is.

Somehow, patients managed without medical marijuana until this became “legal” people act like its a matter of life or death, when really most of them are old hippies faking it to get their weed.

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» on 06.03.09 @ 05:26 AM

Many doctors say those kids should be free to get high if they want - it’s their life, and it’s not any worse than alcohol.  I think the point is that those of us that do derive a medical benefit shouldn’t have to pay outrageous amounts for a plant just because some people are scared of the crime that only comes because of the prohibition itself!

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» on 06.03.09 @ 05:59 AM

Either the information provided by the news article is not complete or the Council has made a dreadful mistake.

It would be hard to believe that any council member hasn’t used marijuana in the past and is still considered a “law-abiding” citizen. So, what’s the problem?

Why should they care if others use marijuana for medical purposes. Of course the “white paper from the Santa Barbara County Sheriff’s Department, ... concludes that the presence of marijuana dispensaries led to an increase of crime in the area.” Marijuana is still illegal to use or possess in large quantities. And it is illegal to sell (since the federal tax on marijuana is “the actual plant.”

This situation will never be resolved until the Federal Government rescinds the law against possession, distribution, and use of marijuana.

Below are four interesting quotes from “The Chicago Recovery Alliance” <http://www.opposingviews.com/arguments/making-cannabis-more-available-might-actually-reduce-use>

“Making Cannabis More Available Might Actually Reduce Use”

1. If the experience of Holland is any example, making cannabis available more widely, albeit for medical reasons, will likely have no impact or if it does change anything it may reduce use as counter-intuitive as this may seem.? We humans are hard to figure out sometimes…

2. It strikes me as humorous that we are making such a big deal about allowing a very safe drug to be made more available when the two most dangerous ones—alcohol and nicotine—are glamorously promoted, and lethal pharmaceuticals are a regular headline these days.

3. Wouldn’t that be great if cannibis could be made more available, politicians could quietly cross their fingers that it would surplant use of alcohol and nicotine as well as more dangerous pharmaceuticals, and the net impact would be dramatically improved public health.? It may take a bold and science-led leader like Barack to approach such a thing…god knows most would rather posture than look at science’s century of conclusions about cannabis—never caused an overdose death, very minimal chance for dependence compared to all other drugs.? Society could improve health even more if we could avoid any distortion/glamorization/demonization of its true impact and then tax it and dedicate such revenues to educating people about it and making assistance readily available for people having any cannabis-related problems…

4. New millennium…new mistakes…

I have to give accolades to the council for at least discussing the matter. City Attorney, Tim Giles understands the conflict between the Federal Government’s laws and State’s rights.

I urge the Council to regulate the distribution of medical marijuana in Goleta, rather than prohibition at the June 16th meeting.

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» on 06.03.09 @ 06:55 AM

Thank you Sonia for a well written article. I would like to make one correction. The white paper was not from the Santa Barbara Sheriff’s Department.  It was from the California Police Chiefs Association’s Task Force on Marijuana Dispensaries, dated April 22, 2009 entitled, “White Paper on Marijuana Dispensaries.”

Thank you.

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» on 06.03.09 @ 07:25 AM

The only crime caused by marijuana is the crime of prohibition. Legalize marijuana, tax it, regulate it, and move on to something more important. Prohibition is the United State’s greatest failure of policy and ethics. It should have never existed in the first place. It’s time for all branches of government to accept the fact that the War on Drugs is a complete and utter failure and to stop using drug laws as an excuse to harass people, and to give back people’s basic human right to cultivate and enjoy one of the Earth’s most benign and wonderful plants.

VOTE FOR POLITICIANS THAT SUPPORT ENDING PROHIBITION

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» on 06.03.09 @ 08:15 AM

[Editor’s note: Profanity removed.] Weed will prevail

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» on 06.03.09 @ 08:40 AM

I just read the “WHITE PAPER ON MARIJUANA DISPENSARIES” by “CALIFORNIA POLICE CHIEFS ASSOCIATION’S TASK FORCE ON MARIJUANA DISPENSARIES”

The white paper does not give any quantitative information to support their claim of increased crime. All they provide is anecdotal evidence. The argument comes down to this:

“Because they are repositories of valuable marijuana crops and large amounts of cash, several operators of dispensaries have been attacked and murdered by armed robbers both at their storefronts and homes, and such places have been regularly burglarized.”

The same argument could be made for banning liquor stores or even jewelry stores.

If you want marijuana to be legalized, taxed, and regulated for adults, YOU can make it happen. Tell your legislators to support California Assembly Bill 390. It’s easy. Visit   yes390.org

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» on 06.03.09 @ 10:57 AM

Sure and next let’s ease off on that heroin prohibition…

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» on 06.03.09 @ 01:04 PM

I have often said how much I dislike Goleta.  Now I have another reason!  Shame on all of those who would deny effective medical treatment to those in need.  Medical marijuana has proven to be effective for many ailments.

What should be prohibited is the action of anyone in power to prevent patients from receiving the medications that are prescribed by their physicians.

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» on 06.03.09 @ 01:08 PM

Heroin addiction should be and is a medical problem. If you take the jail time out of it,it seems to me that person with this problem would be more apt to seek help to get clean. Illegal statis of anything is the makings for a black market and the violence that accompanies it. Thats what prohibition does. It never has and will never work.

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» on 06.03.09 @ 01:32 PM

No good

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» on 06.03.09 @ 03:41 PM

@Good Move: “The only thing these dispensaries do is attract criminal and gang activity “

And your evidence? Right. There is none. You’re peddling DEA talking points that even the California Sheriffs in Santa Barbara say are total crap.

Facts over truthiness, plz.

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» on 06.03.09 @ 06:24 PM

There is plenty of evidence of the crimes associated with dispensaries.  Call the narcotics officers at SBPD and ask them about all the problems they deal with related to the dispensaries in Santa Barbara - the citizen complaints, the robberies by other drug dealers, etc.  The dispensaries are a scam and so is medicinal marijuana.  There is no medical justification for the “recommendations” that are given by a few doctors in town - kids are scamming the system just so they can get high.  The “studies” about the medicinal value of marijuna typically do not follow scientific guidelines, and are very antidotal.  The FDA would never authorize smoking marijuana as a legitimate medical product.  Kids, and adults, go into the drug dealing doctors and give any excuse for wanting weed then the doctor gives them the “recommendation” based on the kid’s self reporting then the kid goes to the dispensary, buys a bunch of weed, gives it to his/her other friends and they all get high.  It is pathethic that we are actually having this conversation.  There may be a small number of people who have critical, REAL, medical ailments who receive relief from marijuna but only because they are getting high not because there is any “medical” benefit to taking marijuana.  They would feel better if they shot up heroine, snorted coke, or smoked meth. because the euphoria of getting high is what makes them feel better in relation to their fatal ailment.  The whole marijuana thing is a huge scam for people that want to sell dope and want to get high and it is endangering our children because they are using it at a much higher rate than when it was illegal.  Wake up people!

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» on 06.04.09 @ 04:54 AM

Let’s just assume Marijuana will be legalized in our lifetime.  Assume it will go through the same hoops as alcohol did during the Prohibition.  Once it is legal and anyone over 21 can buy it at the corner liqour and marijuana store, will anyone care?

I’m tired of fighting the fight against marijuana.  I was against it for years!  Legalize it, regulate it, tax it and move on to a more important fight!

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» on 06.05.09 @ 03:22 AM

@Joe F “You’re peddling DEA talking points that even the California Sheriffs in Santa Barbara say are total crap.”
And your evidence? Right. There is none.

Facts over truthiness, plz.

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» on 06.05.09 @ 03:26 AM

Readily available = higher use. Duh. Get rid of the dispensaries AND close the border AND enforce the law (it currently is lowest priority for law enforcement) and there will be less use. Legalize it and people will stop using it? Just like people don’t drink alcohol huh? What a bunch of crap.

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» on 06.06.09 @ 06:41 PM

How are people still fighting medical marijuana? I simply don’t understand it. I guess I’m too much of a human being to stand in front of a person suffering from the ails of cancer or HIV/AIDS and tell them they can’t smoke pot even though it helps them.

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» on 06.07.09 @ 10:02 AM

I have to say, I agree with this decision. I live near the Sacred Mountain dispensary where two partners held the third at knifepoint, and way more marijuana was on premises than they were licensed for. One of our neighbors called them on a ruse, and found out they’d deliver, with no prescription. We wondered why dispensaries sprang up, instead of pharmacies handling the product? Pharmacies want no part of it. We’re dancing around what is really the problem: either it’s legal or not. Having a no-man’s land in between of dispensaries DOES bring more crime - we can attest to that in my neighborhood. If people were allowed to grow it for personal use or buy it at pharmacies or stores just like alcohol and tobacco, then I think it would be a different story. Demand would likely go down, because it’s not that special anymore, and tax revenues would go up. But while it’s still in semi-legal status, anyone dealing it, including dispensaries, just attracts crime.

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» on 06.07.09 @ 10:52 AM

Lets ban alcohol then too. I mean, I’m sure that would cause the same problems right?

Oh wait, it doesn’t. I’m not and never plan to be a marijuana smoker, but its absolutely silly how many lies and half-truths are ingrained in peoples minds.

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» on 06.07.09 @ 01:47 PM

“Councilwoman Margaret Connell voiced concern about the loss of access for patients who could not grow their own supply, one of the few ways medical marijuana would be allowed to be dispensed.”

Goodland Caregivers - 7127 Hollister Ave #115  
Compassion Center of Santa Barbara County - 119 N Milpas St #C
Santa Barbara Patients’ Group - 3128 State St  
Helping Hands Wellness Center - 4141 State St #F4  
Pacific Greens - 816 Milpas St (shut down?) 
ACME - 211 W Victoria St  
Nature’s Path Care - 414B E Haley St  
Santa Barbara Collective - 234 E Haley St  
The Greenhouse Collective - 336 Anacapa St
Sacred Mountain Medicine – 27 Parker
The Healing Center – 1437 San Andres St
Humanity – 715 Bond St
Pacific Coast Collective – 331 N Milpas St
Compassion Collective of Santa Barbara – 2915 De La Vina St
Compassion Center of Santa Barbara – 3532 State St
HortiPharm Caregiving & Consulting – 3516 State St
Alternative Medicine Group – 100 E Haley St
Santa Barbara Care Center – 5814 Gaviota St
Choice – 6326 Lindmar #C
Magic Dragon – 328 S Fairview Ave
Wonderfull Life Grassroots Apothecary - Undisclosed

Is glaucoma contagious now?

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» on 06.17.09 @ 07:08 PM

The problem is that drugs are illegal. Which helps generate an underground UNREGULATED blackmarket. You aren’t going to eliminate drugs, so legalize all drugs and have a system that regulates and is able to control and profit off of the drugs.

Don’t worry ppl, legalization isn’t going to increase drug use. It actually lowers it, education and awareness is the key here. Look at Holland, drugs aren’t 100 perecnt legal and yet look at how much better their society is when dealing with drug use. (No amsterdam is filled with junkies, we have WAY MORE junkies here.

Prhobition doesn’t work, it never has. Legalization puts the control in our hands. Let’s educate ourselves so we can make better and wiser decisions.

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» on 07.21.09 @ 10:41 AM

Marijuana does not cause crime.  The irrational labeling of marijuana as criminal causes crime. 

People will smoke this plant whether or not it is illegal or regulated.  Whatever you’ve heard, weed is as addictive as coffee and causes no annual deaths.  The underground economy created by criminalization is the cause of crime and the source of any problems. 

We need to reevaluate our drug policy and the prison-industrial complex that financially incentivizes the persecution of American citizens who engage in a harmless personal decision.  This policy, and not the effects of marijuana, is the cause of drug-related crime.

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» on 07.25.09 @ 12:47 AM

some cases people are to sick to grow there own .believe it or not it takes more than just putting a seed in the ground .care providers can grow for those .sick patient that is bed ridden is unable to sit in the car for the 45 min ride to the nearest dispensary and back home . again a care provider can .there are other options other than dispensaries .cooperatives ,collective gardens .

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