City not ready for pot City not ready for pot (October 21, 2005)

If medical marijuana was packaged and sold through local pharmacies, no one would think twice about its legitimacy as a treatment for many illnesses.

Unfortunately, that is not the case in this country or in California. Here, medical marijuana is in legal limbo, considered contraband by the FBI and a legal nuisance by most local law enforcement agencies, who see it as a precursor to the use of illegal and addictive drugs like cocaine and heroin.

In the Bay Area, anyone who needs medical marijuana can buy it at a licensed pot club in San Francisco, Oakland or Santa Cruz, at least for now. Before long, the clubs may only be able to sell to residents of their own county, putting the supply off-limits to citizens of Santa Clara County, which has no pot dispensaries.

The right to purchase his own medical marijuana in his hometown is what led Mountain View resident Jonathan Lustig to come before the city council last week, seeking a license to open a pot club here. Lustig told the council he treats his migraine headaches with marijuana, but wants to avoid the long trips to Oakland to purchase the drug. A total of 14 supporters, most non-residents, testified about how marijuana helps them cope with illnesses ranging from ovarian cancer to depression and insomnia.

Some council members were moved by the testimony, including proponents Matt Neely, Greg Perry and Mike Kasperzak. Mayor Neely started the discussion by stating that "we have the opportunity to lead" on the issue, commending Perry "for having the courage to bring it up."

The remaining three members (Laura Macias was absent) felt differently, with Nick Galiotto saying, "For me, it's not about the legitimacy of whether or not the need exists. For me, the issue is the impact on the community."

The deadlock resulted in a vote to take the matter up again sometime after December, although Macias told the Voice Monday that she is leaning against licensing a marijuana dispensary in the city, which means the idea would likely fail on a 4-3 vote.

We believe that is good news for Mountain View, a city that makes its living by attracting residents from all over the Bay Area to its performing arts center and a wide variety of restaurants and shops along Castro Street and El Camino Real. The city has an enviable reputation that should be carefully protected.

No matter what its promoters promise, no one can accurately predict how a licensed marijuana dispensary would operate in Mountain View. Would it be a quiet, law-abiding business, or a haven for illegal drug users who simply want a cheap source for their recreational drugs?

At this stage, it seems foolhardy for the city to be the test case on this question. We suggest that the council politely turn down Mr. Lustig's request and leave the marketing of pot to another city.

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