The recent opening of a pot club in downtown Hollister in
defiance of the city zoning ordinances along with an identical
incident in Gilroy and the explosion of clubs in San Jose brings up
an obvious question: Who is at fault in this mess? As is usual when
the whole system goes to pieces
– I hesitate to say
”
goes to pot
”
– there is plenty of blame to go around.
The recent opening of a pot club in downtown Hollister in defiance of the city zoning ordinances along with an identical incident in Gilroy and the explosion of clubs in San Jose brings up an obvious question: Who is at fault in this mess? As is usual when the whole system goes to pieces – I hesitate to say “goes to pot” – there is plenty of blame to go around.
The driving force behind the increase in pot club activity is not compassion – it is money. The operators see an opportunity for income and they are positioning themselves to make a lot more money in the future if the state legalizes marijuana.
Don’t let the term non-profit fool you, the key personnel of some non-profits make out very well indeed. The IRS is now certifying about 50,000 new nonprofits every year and the reason for that is not compassion – money trumps compassion on a regular basis.
The argument by the owner of Purple Cross Rx that they can open downtown because other non-profits are located there is foolish. Zoning ordinances are based on the nature of the business, not its IRS tax classification. What’s next, non-profit strip clubs?
The situation also highlights problems with the proposition system. Too many initiatives are designed to bypass the legislature and the governor – what sounds like a good idea may be unworkable without careful implementation. Unfortunately, politicians use the same loophole – there is no practical requirement for accuracy in political campaigns. The best defense is an informed public willing to ask tough questions before signing a petition or casting a vote. The public has to take that hit.  Â
There is no reason to let the medical profession off the hook either. Money and friendly doctors are used in fraudulent insurance and disability claims, the same “services” are available to some seeking marijuana. In fact, the proposition was written to prevent the normal controls – diagnoses and prescriptions – we use with other drugs. It allows an “oral recommendation or approval of a physician.” “Doc, it hurts” and $250 will put you in business with dishonest practitioners or you can just lie and save the payoff.
The following comes from the U.S. Drug Enforcement Administration Website, a division of the Department of Justice:
“In California there is no state regulation or standard of the cultivation and/or distribution medical marijuana. California leaves the establishment of any guidelines to local jurisdictions, which can widely vary. … Local and state law enforcement counterparts cannot distinguish between illegal marijuana grows and grows that qualify as medical exemptions. Many self-designated medical marijuana growers are, in fact, growing marijuana for illegal, ‘recreational’ use.”
Scott McPhail, the owner of Hollister Purple Cross Rx pot club, was quoted in The Weekend Pinnacle saying, “If the president says it’s all right [for the dispensaries to operate], what gives the mayor the right to say they can’t?” and therein lies one key to the issue.
The president and justice department have an obligation to enforce laws, even those they do not like; they have taken an oath to do so. Californians chafe under federal laws they oppose; nonetheless, we expect them all to comply, can we ask less of the president? Officials must use resources to the best of their ability, but there is a difference between setting priorities and actively encouraging neglect, as the administration has done.
Local officials have had this mess dumped in their laps. When the federal and state governments fail to live up to their responsibilities, then it’s the duty of those local officials to step up and fill the void; that’s what they are for.
Marty Richman is a Hollister resident. Reach him at cw*****@***oo.com.
