CLEARLAKE – Opting to take a wait-and-see approach, the Clearlake City Council on Thursday approved an urgency ordinance extending a temporary moratorium on medical marijuana for another year.

A staff report noted that a temporary, 45-day moratorium was first adopted April 13, 2006. On May 25, 2006, it was extended for 10 months and 15 days, in order to allow staff to interpret the law.

City Attorney Thomas Gibson told the council that he proposed the action due to ongoing lawsuits around the state relating to medical marijuana regulations.

Gibson said he expects the issues to become clearer and be resolved in the near future, but in the meantime he suggested the council adopt the ordinance.

The council members shared Gibson's sentiment, while some expressed sympathy for medical marijuana patients.

"This is just a horrible situation," said Councilman Chuck Leonard, who said some resolution about the clash between California's law, Proposition 215, and federal law needed to be reached.

Dave McCullick, who owns and operates the medical marijuana dispensary D&M Compassion Center in Clearlake, was the only speaker during public comment. He told the council that regulating marijuana in the city is not a necessary step.

McCullick said the state attorney general has repeatedly acted in support of Proposition 215. He added that other states are passing medical marijuana laws like California's.

"Eventually the federal government will fall in line," he said.

McCullick maintained that dispensaries reduce crime thanks to stronger security measures.

In the case of his business, he said he collects sales tax and brings business to the community. "We've been good citizens, we've been good neighbors in Clearlake."

The city has had no reports of people illegally obtaining cannabis from him, McCullick said. "We've been a model for cannabis collectives around the state."

Councilman Curt Giambruno asked if the ordinance would affect existing dispensaries, such as McCullick's. Gibson said no. What about business licenses, Giambruno asked. Gibson stated no licenses have been granted specifically for medical marijuana-related businesses.

Councilman Roy Simons asked Gibson if there is any place in Clearlake where medical marijuana can be purchased legally.

"My own opinion in that the US Supreme Court has said that medical marijuana is illegal, so there is nowhere in the US where you can legally buy marijuana," said Gibson.

Simons asked which law takes precedence; Gibson said federal law. In response, Simons asked why they were even dealing with the issue.

"Part of the reason for the moratorium is to let the battle take place elsewhere," said Gibson.

He added, "The current legal system is impossible."

Leonard moved to accept the ordinance, which the council unanimously approved.

The temporary moratorium will last one year, ending April 12, 2008.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

{mos_sb_discuss:3}