Committee Discusses Medical Marijuana Dispensaries and Smoking in Parks

At Tuesday night's meeting of the City's Transportation and Land Use Subcommittee, hot topics included more testimony from Milpitas Police Chief Dennis Graham on the possibility of allowing medicinal marijuana dispensaries in Milpitas, and whether or not the City should place a ban on smoking in public parks.

City Councilmembers Armando Gomez and Althea Polanski heard concerns from Graham expressed concern over the idea of allowing dispensaries. U.S. attorneys consider them a violation of federal law.

Graham said the majority of dispensaries are misused for recreational purposes instead of medicinal.

“There are likely no more than about 20 genuine medical marijuana patients in Milpitas,” he said.

He added, “Dispensaries bring great risks with lots of cash, robberies, money laundering and crimes.”

Graham reported that the City of Los Angeles recently reversed their policies from allowing several hundred dispensaries to just 70, based on a ratio of one dispensary for about every 55,000 residents.

“Using their formula, Milpitas would be limited to one, maybe two dispensaries,” he said.

In final thoughts, Graham added, "As a police chief, if we as a City choose to go forward with dispensaries, there should be no nighttime hours and they must be located away from libraries, schools and children. Marijuana use should not be allowed near dispensaries.”

“I would want to discourage marijuana dispensaries, which are targets," he added. "The City should research environmental impacts and what we're doing to control them."

Polanski asked if the amount of medicinal marijuana can be restricted on site.

Chief Graham answered, “One can use [a guideline of] up to 8 ounces per legitimate patient to determine how much should be needed on the premises.”

Polanski said she felt this was good input, and said it was “something we should move forward with, having tight restrictions and definitely for patients that need it.”

Assistant City Attorney Brian Otake said, “Recent court cases state that cities cannot issue permits, but can use land use controls and safety regulations.” 

Also up for discussion at the meeting was a potential City ban on smoking in public parks.

Roger Kennedy, a retired doctor and chairman of the Santa Clara County Tobacco Free Coalition, addressed the subcommittee, calling for tobacco policies to address outdoor smoking and exposure to second-hand smoke.

“This has been done in other cities and counties, and I urge you to support smoke-free parks,” he said.

Kennedy was supported by several others in the audience wearing blue shirts with “Live, Work, Play, Be Tobacco-Free” printed on them.

Two of the supporters, Leena King and Christine Tran, came forward and displayed several clear bags of cigarette butts and waste they said they collected from city parks and other public locations.

Co-chair Carol Baker said, “We have to find a way to turn off availability to children," calling for the licensing of retailers to sell cigarettes. “They will pay attention if they run the risk of losing their licenses.”