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View Full Version : Sacramento, CA: Owners vow medical marijuana store will stay open


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04-22-2006, 02:52 PM
By Elizabeth Hume -- Bee Staff Writer
Friday, April 21, 2006
http://www.sacbee.com/content/breakingnews/story/14246324p-15064237c.html

Two women who run a Sacramento medical marijuana dispensary said Friday they are willing to go to prison if it means helping patients who seek out cannabis as an alternative medication.

"We took that risk a long time ago," said Desiree Mott, 23, sitting in front of a store at 2020 16th St. Mott and her business partner, Janelle Daffron, 27, appeared at a press conference to publicize their views.

A small sign on the glass door identifies the store as Awakenings: Books, Stones and More. At the back of the store in another room is the dispensary called Capital Alternatives - an organization Mott said has been open for six years.

"We're here to help people. Our rights were taken away," Daffron said.

Both women were at their separate homes Wednesday when Drug Enforcement Association agents entered the downtown store with guns drawn.

Agents also served warrants at Daffron's North Highlands home and another at Mott's Citrus Heights home.

Authorities searched the downtown store and seized 22 pounds of marijuana, $48,700 in cash, a computer, scales and patient records, said Gordon Taylor, assistant special agent in charge of the Sacramento DEA office. Another $4,000 was seized from Daffron's home, he said.

The Sacramento store raid highlighted the continuing debate over medical marijuana.

Eleven states have legalized the use of medical marijuana. California voters approved the use of medical marijuana by passing Proposition 215 in 1996. It requires medical doctors to recommend the drug for use, and also gives cities and counties discretion over regulation.

"It's the cities and counties that are on the line," said Ruthann Ziegler, a senior attorney for the law firm Meyers Nave, which represents 28 cities in California. "There's a difference in interpretation of whether cities may allow the use or must allow the use of medical marijuana."

Daffron became involved in the movement at age 18, she said. Her mother was struggling with Hepatitis C, diabetes and arthritis.

"My mother needed medication, and this is how it began," Daffron said.

About 20 supporters surrounded Daffron as she spoke. They waved California flags and carried signs promoting medical marijuana.

No one has been arrested since the search warrants were issued.

"These investigations take time, and these investigations are ongoing," Taylor said.

Communities have struggled with how to respond to the law. Several cities in Placer County - including Auburn, Rocklin, Roseville and Lincoln - have banned the shops. In January, San Diego and San Bernardino voted to sue to overturn Proposition 215.

Other cities, such as San Francisco and Oakland, have allowed marijuana shops to operate with restrictions. Oakland allows only four dispensaries. Hours and security of the dispensaries are regulated by the city.

Other cities have followed middle courses. Sacramento does not prohibit medical marijuana stores, but under the city's zoning code, medical marijuana dispensaries are not considered an "authorized use of property," Assistant City Attorney Rich Archibald said.

The federal government has prohibited marijuana sales and takes an active stance against it. The U.S. Food and Drug Administration issued an advisory Thursday stating there is no scientific evidence proving marijuana's medical benefits. The advisory claims state measures to legalize the herb conflict with the federal process for the approval of medications.

"These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process and are proven safe and effective under the standards of the DF&C Act," the FDA statement said.

The U.S. Supreme Court ruled in June that state laws do not trump the federal government's authority to prosecute marijuana users. Since the ruling, the DEA has held three operations in the Sacramento region targeting cannabis dispensaries. The federal government's role has further complicated the issue for states and cities, Ziegler said.

"It pushed cities and counties into a critical junction," Ziegler said.

Daffron and Mott's downtown store reopened Thursday for business, just one day after the raid. The operators say they have no plans on shutting it down.

"As of right now our doors are open," Mott said.