City bans marijuana shops

The Scotts Valley City Council had three choices before it Dec. 15: Allow and regulate medicinal marijuana dispensaries in Scotts Valley. Simply stay silent on the issue. Or prohibit dispensaries altogether.
In a unanimous vote, the City Council chose the third option.
Local entrepreneur Scott Gates had petitioned the City Council to consider amending its zoning rules to allow him to launch what he described as a holistic healing center, which would offer its members hypnotherapy, counseling and grief counseling, in addition to medicinal marijuana.
Gates told the City Council he became an advocate for medicinal marijuana when he saw how it eased his friend’s pain as he struggled with pancreatic cancer.
Under federal law, any kind of marijuana use, cultivation or sale is illegal, regardless of whether it is prescribed by a doctor to treat medical ills.
Several states, including California, allow patients with appropriate documentation to have marijuana for medicinal use, but the federal government does not recognize the states’ right to create drug policies.
In those states where medicinal marijuana is permitted, the opposition of the federal government means decisions about whether to allow dispensaries to sell the drug are left to local governments and municipalities.
Separately, Californians voted against legalizing marijuana for recreational use in the November election, 54 percent to 46 percent.
Dr. Richard Webb, a Scotts Valley resident and member of the faculty at San Jose State University, spoke in support of Gates on Dec. 15, saying that his business model “proves that marijuana can be safely and effectively regulated.”
“I think it would be inspiring for our city to take a stand and say that our welfare and health trumps federal law,” Webb told the council.
Scotts Valley Police Department Chief John Weiss addressed the council to advocate against allowing dispensaries in the city, citing instances of increased crime in other areas where they have been allowed to open.
“We are seeing real crime where people are trying to steal legal users’ marijuana,” Weiss said. “That’s what concerns me, is the unscrupulous people that take advantage of (the medicinal marijuana program).”
Weiss also cited the ready availability of dispensaries nearby in Santa Cruz and in the San Lorenzo Valley, as well as patients’ ability to legally grow their own marijuana, as reasons not to place a dispensary in Scotts Valley.
“Qualified people already have access to it,” Weiss said. “There’s more than one venue for people who need medical marijuana to get it in the area.”
Though several members of the council praised Gates for his professionalism and his willingness to address their worries about dispensaries, the council ultimately cited Weiss’ concerns for safety as the primary reason for disallowing dispensaries.
“Our system still has flaws that need to be worked out,” Vice Mayor Donna Lind said. “We are a small community, and I’m not sure that we want to take on the additional challenges, since there are others so close by.”