Council Addresses Medical Marijuana Dispensaries, Cooperatives

The Dixon City Council took a small, but significant step in paving the way for medical marijuana cooperatives in Dixon last night during its first meeting of the New Year. But before users of the illegal herb can purchase it in Dixon, the city council must first decide if it will continue with a ban on medical marijuana cooperatives and dispensaries.

At Tuesday’s meeting, after hearing from several community members, the city council directed staff to put a item on the agenda that will address the ban and possibly enact a new ordinance.

Several members of the community came to last night’s meeting to offer their opinions about medical marijuana and if it should be allowed in Dixon.

First to address the council was Dixon resident Gary Erwin, who suggested that the council examine George’s Orange stand skirting Interstate 80 as a possible zoning opportunity. But he also warned the council to scrutinize any person wishing to open a cooperative in Dixon, and said that a drug cartel could essentially open one in Dixon without the people knowing about it, putting people in danger.

“I’d like to make sure that it’s operated by people above and beyond question,” he told the council.

Long-time Dixon resident Jerome Dawson told the council that if it allows a cooperative to open in Dixon, local people should own and operate it – not anyone outside of Dixon.

“The community needs to support itself and it can with the restrictions it has placed on the zoning,” Dawson said.

Deborah Winegar told the council that instead of worrying about a medical marijuana dispensary in town, they should look into creating more low-income housing.

Solano County Sheriff’s deputy John Arabia also addressed the council.

“This is going to cost the City of Dixon money,” he said. “It will tax the police department, crime will go up."

Arabia told the council that pot dispensaries are attractive to criminals because of the amount of marijuana and money inside the dispensary. Arabia also said the city will see an increase in the amount of loitering near the dispensary and that the amount of people driving under the influence of marijuana will increase.

Russ Cayler told the council that they should figure out if the people of Dixon want this in their town and that a public dialogue should take place.

“I will be a lot more comfortable with medical marijuana when you can get a prescription for it,” he said. “It’s still against federal law. I see a bunch of holes in this whole program.”

Cayler said there is no database system available that can track who is purchasing marijuana and how much of it they are purchasing. In theory, someone could purchase marijuana at each of the operating cooperatives in the Bay Area and come to Dixon to get more.

After hearing from community members, the council began a lengthy discussion about what to do next.

“This should be an agenda item,” Councilman Dane Besneatte said. “In 2004, the city had an ordinance and it was repealed by the previous council. We are talking about an ordinance that embodies state law.”

Besneatte said he does not want to study the issue, and would prefer to put an ordinance in place that follows state law.

“Hopefully we can undo the sins of our forefathers,” he said.

Councilman Thom Bogue said: “I have never been able to understand how an ordinance can override laws. I was elected to serve our community, not to be their master. I would actually like to see this go to vote. Who am I to tell you what you are going to have in your community?”

“I think it’s a community decision,” Councilman Rick Fuller said.

But Fuller, who has an extensive law enforcement background in the Dixon Police Department and the Solano County Sheriff’s Department, admitted to having a bias about the issue. .

“In my experience, it was a gateway drug,” he said. “Are we going to follow the state law? I have some concerns about following that state law. I have a problem with doing that without knowing how that will be regulated. I have a bias, I would like to hear from the people.”

Mayor Jack Batchelor said that the ban should continue as was voted by the previous council.

Vice Mayor Michael Ceremello, who was the council member to express a desire to bring the ban back onto the table, said that he wanted staff to do several things including researching a tax structure, potential zonings and locations, the types of cooperatives that would be allowed, database requirements and solicit input from the public.

City Attorney Michael Dean suggested to the council however that it should first decide if it will uphold the ban on medical marijuana dispensaries in town. If the council votes to uphold the ban, then the issue would be dead; if it decides to lift the ban, it should be replaced by another ordinance, Dean told the council.

Dean said the council had a medical marijuana ordinance in place in 2004 that deemed it was lawful in certain zones and required for users to have a permit. There were also some regulatory provisions in the ordinance.

In 2009, the council considered a new ordinance that would have tightened the regulatory provisions, but instead the council voted to put a ban on medical marijuana dispensaries/cooperatives in the city.

Dean told the council that it could replace the ban currently in place with the ordinance it had in 2004 or with the stricter ordinance introduced in 2009. The council is set to decide it if it will lift the ban at its Feb. 8 meeting.

Editor's note: an earlier version of this story misstated the title of John Arabia. He is a deputy with the Solano County Sheriff's Department.