County of Santa Clara

Transcription

1 County of Santa Clara Office of the Sheriff 55 West Younger Avenue San Jose, California (408) Laurie Smith Sheriff M E M O R A N D U M TO: FROM: Dave Anderson, City Manager City of Saratoga Lieutenant Don Morrissey, West Valley Patrol Division DATE: April 27, 2011 SUBJECT: Medical Marijuana Dispensaries BACKGROUND: With an impending public hearing regarding the permitting of medical marijuana dispensaries within the municipal boundaries of the City of Saratoga, the Office of the Sheriff agreed to provide a law enforcement perspective into the matter. The text outlined below is not intended to frustrate or delay the process of the creation of an ordinance related to the permitting of medical marijuana dispensaries in any way; to the contrary, the information contained in this document is provided to educate and inform those involved in the ordinance process by identifying all areas impacted by cultivation, marketing, possession and use of marijuana. This information is provided to ensure the responsible and comprehensive focus on the importance of the regulatory issues. ISSUES: To illustrate the many areas medical marijuana dispensaries may have on a community, such as Saratoga, this document will categorize each and examine them closer. Topic: Medical marijuana dispensaries, cooperatives and collectives have brought upon a criminal element, officer safety issues, blight issues and other public safety issues to the immediate and surrounding areas of their locations. 1. Local Marijuana Cultivation Incidents: July 2010 Unincorporated Santa Clara County, Sheriff s Deputies shoot a man who pointed a rifle at them during a marijuana farm raid. (abclocal.com) July 2008 Saratoga, Sheriff s Deputies are engaged by a gun wielding man who was tending to a marijuana garden. The suspect is shot and killed by the deputies. (CBS5.com)

2 August 2005 Los Gatos, A Fish and Game Warden was shot in both legs during a marijuana cultivation investigation. The suspect was shot and killed during the investigation. (SFGate.com) 2. Statewide Marijuana Dispensaries, Collectives and Cooperative Incidents: August 2006 Wilitis California, Two home occupants were shot in the course of a home-invasion robbery targeting medical marijuana*. February 2005 Mendocino County California, Two masked suspects held a knife to a 65 year-old man s throat during a home invasion robbery and stole large amounts of marijuana*. August 2005 San Leandro California, Several suspects attempted a take-over style robbery of a storefront marijuana business. The owner of the business shot and killed one of the suspects during the attempt. The suspect who died was 18 years- old*. September 2005 Hayward California, A patron of the CCA Cannabis Club was leaving the dispensary when he had a gun pointed at his head and his marijuana was taken from him*. November 2005 Laytonville California, Six men carrying guns and baseball bats broke into a residence yelling this is a raid. The suspects shot and killed one man and beat his friend with a baseball bat. The deceased owned two storefront marijuana businesses*. * Information obtained from the White Paper on Marijuana Dispensaries by the California Police Chief s Association s Task Force on Medical Marijuana Dispensaries, Officer Safety Issues as Related to Medical Marijuana Dispensaries, Collectives and Cooperatives (Nationwide): Los Angeles Police Department Officers report that marijuana growers increasingly are armed and/or booby-trap their cultivation sites and often use fertilizers that are poisonous to humans at grow sites, posing a serious threat to tenders, marijuana users, law enforcement and others who happen upon their sites. (National Drug Intelligence Center Los Angeles High Intensity Drug Trafficking Area Drug market Analysis 2008). Boulder Colorado City Council, out of concern for the use of booby-traps in the protection of marijuana, decided to pursue a

3 measure that would outlaw the use of any device designed to kill, injure or trap people when activated. (DailyCamera.com May 2010) 4. Environmental Impact: Pesticides and Herbicides (many banned in the Untied States) are regularly used in the cultivation of marijuana. Ultimately the toxic chemicals drain into the ground water systems. On average, 1.5 pounds of fertilizer and pesticides are used for every 11.5 plants cultivated. (Agent Patrick Foy, California Department of Fish and Game) Rat poison and other poisons chemicals have been sprinkled over the landscape to keep animals away from the tender plants. Additionally, many sites are strewn with the carcasses of deer and bear poached by workers. (Agent Patrick Foy, California Department of Fish and Game) Garbage, gasoline, PVC piping, volatile propane canisters, irrigation material utilized for the gardens are discarded at the garden sites. (Agent Patrick Foy, California Department of Fish and Game) Poaching, theft of livestock, diversion of waterways, erosion and forest fires have all been attributed to clandestine marijuana gardening. Pristine creeks, springs, and wildlife and public drinking water sources for many miles throughout our forests are permanently scarred by these illegal grow sites. In some cases an entire ecosystem of wildlife species (such as the red-legged frogs or steelhead trout) are killed for many miles along a waterway. (Lieutenant John Norse, California Department of Fish and Game) 5. Health Impact: There is a great concern about the safety of an item that is going to be ingested into the human body that has not been tested, evaluated and regulated by the accepted regulatory boards such as the FDA. Chemicals and fertilizers such as DDT, Agent Orange, paraquet and horse manure are often used in the cultivation of marijuana.

4 Fungus, bacteria and black mold are often found to be present in marijuana cultivation operations. o Los Angeles Police Department Officers have reported many grow homes contain high levels of black mold from the extreme moisture content necessary for successful grow operations and have high levels of carbon dioxide. Additionally altered electrical wiring poses a serious health and safety concern for law enforcement officers, private citizens, and those tending to indoor grow. (National Drug Intelligence Center Los Angeles High Intensity Drug Trafficking Area Drug market Analysis 2008). o Because mold is ubiquitous, it is not surprising that 85% of the marijuana tested at Steep Hill Labs has shown traces of mold. However, only 3% of those samples have been deemed unsafe under general guidelines for herbal products. (Steep Hill Lab website 2010 (utilized by Harborside Marijuana Dispensary)). Marijuana dispensaries, collective or cooperatives normally do not utilize production or quality control measures. Marijuana testing facilities currently do not test for pesticides. Testing facilities are very vague regarding what types of testing devices are being utilized to conduct the testing. (Steep Hill Lab website 2010) 6. Social, Medical and Mental Health Concerns Surrounding Marijuana Use: The research on the efficiency of medical marijuana as medicine is limited. The FDA, along with most national medical associations (including the American Medical Association, American Academy of Pediatrics, National Institutes of Health, Institute of Medicine, American Cancer Society, National Cancer Institute and the National Multiple Sclerosis Society) does not support smoked marijuana as a medicine (Ohio Advocates Distribute Medical Marijuana Position Paper. April 2010) Many special interest groups oppose medical marijuana dispensaries, collective and cooperatives including: o Mothers Against Drunk Driving (MADD) o Narcotics Anonymous (N/A) o Children s Advocates o Mental Heath Professionals

5 o Health Officials The Carcinogen Identification Committee of the office of Environmental Health Hazard Assessment Science Board identifies chemicals for addition to the list of chemicals known to the State of California to cause cancer (Health and Safety Code ). The committee met in May of 2009 and discussed marijuana smoke. From the reading of their transcripts, 33 of the individual compounds found in marijuana smoke are already listed as Proposition 65 carcinogens. The affects of marijuana on an individual vary. Studies have shown that the affects differ depending on age. The data below are examples of how the affects vary depending upon age: o Children Under 18 Education, graduation and college enrollment rates Employment Chemical dependency treatment Teen pregnancy Gate-way drug affect (use of other addictive/illegal substances) Involvement in criminal activity o Young Adults (18-30) Employment Inability to maintain a stable relationship use of other addictive/illegal substances Involvement in criminal activity Marijuana is a powerful and dangerous psychoactive substance. Society and our children do not need another dangerous substance in their lives. Simply stated the use of marijuana is not and never will be good for the success, education and well being of our society. (California Police Chiefs Association Position Paper on the Decriminalization of Marijuana) LEGAL IMPACT: In three different cases, both Federal and State judges have upheld the rights of cities to enact ordinances prohibiting medical marijuana dispensaries. (refer to Attachment A, a client memorandum from the Law Offices of Jones & Mayer). In addition to the recent case law decisions a firm understanding of California Senate Bill 420 (Medical Marijuana Program). The bill was enacted to further clarify the scope and application of the Compassionate Use Act of 1996 (also known as Proposition 215). Of the many stipulations set forth in SB 420, one is particularly noteworthy. SB 420 strictly prohibits the cultivation and distribution of marijuana for profit (California Health & Safety Code (c)). As one can expect it is often discovered that the majority of dispensaries are in

6 fact making a large profit from the sales of medical marijuana. Additionally, several cities and states have taken a firm stance on prohibiting marijuana dispensaries, collectives and cooperatives. Examples of these include: On May 3, 2010, a United States District Judge upheld the Cities of Costa Mesa and Lake Forest, (Orange County California) ban of Medical Marijuana Dispensaries. (See Attachment A for further details). On May 5, 2010, the City of Alameda California voted unanimously to ban Medical Marijuana Clubs. On May 6, 2010, the State of Colorado Senate voted to pass sate wide regulations regarding medical marijuana dispensaries. The Bill in part allows local jurisdictions to ban marijuana dispensaries. CLOSING: Based upon the information cited above it is the opinion of the Office of the Sheriff that the establishment of any medical marijuana dispensaries within the jurisdictional boundaries of the City of Saratoga would present potential health and safety issues to the community as well as invite a criminal element to the City. As stated above, the negative impact cultivation has on the environment, coupled with the hazards to the public and law enforcement, the benefits of a dispensary clearly do not outweigh the negative impact a dispensary can have on the community.

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