Marijuana Policy Project

In 1996, 73 percent of Marin voters backed a state proposition to legalize medical marijuana dispensaries.

Despite that overwhelming show of support, Marin residents — reflected by the votes and actions of their city and town councils — have serious reservations about allowing a medical pot club to open in their home town.

Only Fairfax has allowed a medical marijuana dispensary to operate. The fact it has established a lengthy history of being a trouble-free business doesn't seem to make a difference outside Fairfax.

Several cities — San Rafael, Sausalito and Mill Valley - have adopted specific moratoriums. Others have laws on the books that forbid businesses that are in violation of state or federal law.—Proposition 215 has been in limbo since its passage because federal law continues to list marijuana as contraband. But President Barack Obama has told federal authorities to halt raids on pot clubs, which adds a new twist to the issue.

Mark Leno — our representative in the state Senate — last week authored a resolution, SJR14, urging Congress to adopt new pollicies that "ensures safe and legal access" to marijuana for patients who would benefit from it.

Taking federal heat off the clubs promises to lead to more of them setting up shop in California.

In Novato, one club quietly opened in Ignacio, another is seeking a permit from City Hall. A club has been operating in Corte Madera, unknown to the city until recently.

Novato officials say they can't authorize pot clubs because of the city's law forbidding businesses that are in conflict with state or federal law.

The issue deserves a broader community discussion than City Hall's answer.

The medical pot club in Ignacio says it has almost 600 clients — customers with prescriptions allowing possession and use of marijuana. Doctors typically prescribe marijuana for glaucoma patients or to reduce nausea and wasting.

Local law enforcement has repeatedly expressed concern that commercial operations could open the door to abuses, including providing young people with greater access to marijuana.

But local voters — at least 13 years ago — clearly endorsed the legalization of medical marijuana. Outright local bans on medical pot clubs deserve to be publicly and thoroughly discussed before they are imposed and enforced.

The debate over local medical pot operations would be simpler if Proposition 215 had limited legal distribution through pharmacies and prescriptions — and had worked with federal authorities to adopt standards to clear their legal objections. But Proposition 215 opened the door to pot clubs and there has been little interest among backers, critics or lawmakers to put any cleanup reforms on the state ballot.

Perhaps cities' worries about medical marijuana clubs could be addressed by establishing appropriate locations and rules for pot clubs rather than simply banning them. The latter approach is a slap in the face to the huge majority of local voters who endorsed the concept 13 years ago.

Those voters deserve to be asked whether they want medical marijuana clubs in Novato, Corte Madera or any other jurisdiction before a local ban is imposed and enforced.