At left: Elko City Councilman John Patrick Rice proposes a moratorium Tuesday night on the medical marijuana issue. At right: Elko Police Chief Ben Reed talks to City Council Tuesday night about the medical marijuana issue.
ELKO — Instead of no, the city said not yet to pot.
Despite
support from the public, Elko City Council ultimately rejected an
amendment to zoning ordinances prohibiting medical marijuana
establishments Tuesday.
However, Councilman John Patrick Rice directed staff to bring back information on a moratorium, which if approved would last at least a year.
By state law, it is legal for people who are registered with the Nevada Department of Health and Human Services, Division of Public and Behavioral Health to use and possess medical marijuana. However, possession of marijuana is still a federal crime, and that creates difficulties with city code.
The existing city code 4-1-5 prohibits the city clerk from issuing a business license to any proposed business which violates a rule or law of the city, county, state or federal government.
New regulations from the health division go into effect at the beginning of April, and they allow medical marijuana establishments in Nevada. Police Chief Ben Reed brought the issue to the council and was in favor of prohibiting such an establishment in the city.
City Attorney Dave Stanton outlined some of the issues, especially the conflict between state law and federal law. He told the council changing the zoning laws would remain effective even if the federal law changes.
Reed told the council about several problems with medical marijuana establishments from a law enforcement perspective. First and foremost, he said, it would bring more drugs into a community that already has a drug problem.
“The major point is we do not need a greater supply of an intoxicating drug readily available in our community to further compound an already significant drug problem in Elko,” he said in a letter to the council.
Reed spoke with other police chiefs in Colorado, where marijuana is legal, and he said armed robberies are up in those places. The police department would also respond to complaints and the department lacks the resources to respond to the increased calls.
Reed pointed out the council could revisit the zoning laws and change them at a later date if the federal law changes.
Sheriff Jim Pitts told the council he’s bringing a similar ordinance to Elko County Commission, and that Lyon County has already prohibited medical marijuana establishments.
“It’s not going to stop,” he said. “It’s going to be a problem.”
Councilwoman Mandy Simons said part of the council’s oaths are to uphold the Constitution.
“I’m not sure I could vote on something that violates constitutional law and the oath I swore,” she said.
Councilman Robert Schmidtlein said action might not need to be taken because city code already prohibits the city clerk from issuing business licenses for medical marijuana establishments.
He said federal law could change or state laws could force them to change their ruling on the issue.
“Two weeks down the road, it could get overrode,” he said.
During public comment period, Chris McLeod, an Elko resident, told the council he has worked in the education field and students are not using marijuana. Instead, they are abusing prescription drugs, such as oxycontin and Ritalin, he said.
“Let’s be honest with what our kids are taking,” he said.
Cathy McAdoo of PACE Coalition said almost 25 percent of people in an Elko County survey conducted by PACE said drug abuse was one of the top three problems in the community. She was also concerned with the drugs that would be brought into Elko if a medical marijuana establishment were in the city.
Assemblyman John Ellison gave the council some history on state laws regarding medical marijuana and said he was against the establishments because of the problems the communities and law enforcement will face.
“I hope you look at this very seriously,” Ellison said. “I was in opposition of this. I still oppose this.”
Councilman John Patrick Rice said he has gotten a lot of comments from the community about the issue, and most of the people he’s talked to have been in favor of medical marijuana establishments. He was in favor of a moratorium because it allowed city council and staff to examine the issue more closely and see the effects on other counties in the state.
“(A moratorium) would not shut the door so tightly on ... access to medical marijuana,” he said.
He also said the police department does not currently have the resources to address policing medical marijuana establishments.
“I think there’s agreement in the community that we’re not ready for this,” he said.
Rice denied the motion, but directed staff to bring back information on a moratorium to the council for approval. He said he wanted it on the agenda before the new state regulations take affect April 1.
However, Councilman John Patrick Rice directed staff to bring back information on a moratorium, which if approved would last at least a year.
By state law, it is legal for people who are registered with the Nevada Department of Health and Human Services, Division of Public and Behavioral Health to use and possess medical marijuana. However, possession of marijuana is still a federal crime, and that creates difficulties with city code.
The existing city code 4-1-5 prohibits the city clerk from issuing a business license to any proposed business which violates a rule or law of the city, county, state or federal government.
New regulations from the health division go into effect at the beginning of April, and they allow medical marijuana establishments in Nevada. Police Chief Ben Reed brought the issue to the council and was in favor of prohibiting such an establishment in the city.
City Attorney Dave Stanton outlined some of the issues, especially the conflict between state law and federal law. He told the council changing the zoning laws would remain effective even if the federal law changes.
Reed told the council about several problems with medical marijuana establishments from a law enforcement perspective. First and foremost, he said, it would bring more drugs into a community that already has a drug problem.
“The major point is we do not need a greater supply of an intoxicating drug readily available in our community to further compound an already significant drug problem in Elko,” he said in a letter to the council.
Reed spoke with other police chiefs in Colorado, where marijuana is legal, and he said armed robberies are up in those places. The police department would also respond to complaints and the department lacks the resources to respond to the increased calls.
Reed pointed out the council could revisit the zoning laws and change them at a later date if the federal law changes.
Sheriff Jim Pitts told the council he’s bringing a similar ordinance to Elko County Commission, and that Lyon County has already prohibited medical marijuana establishments.
“It’s not going to stop,” he said. “It’s going to be a problem.”
Councilwoman Mandy Simons said part of the council’s oaths are to uphold the Constitution.
“I’m not sure I could vote on something that violates constitutional law and the oath I swore,” she said.
Councilman Robert Schmidtlein said action might not need to be taken because city code already prohibits the city clerk from issuing business licenses for medical marijuana establishments.
He said federal law could change or state laws could force them to change their ruling on the issue.
“Two weeks down the road, it could get overrode,” he said.
During public comment period, Chris McLeod, an Elko resident, told the council he has worked in the education field and students are not using marijuana. Instead, they are abusing prescription drugs, such as oxycontin and Ritalin, he said.
“Let’s be honest with what our kids are taking,” he said.
Cathy McAdoo of PACE Coalition said almost 25 percent of people in an Elko County survey conducted by PACE said drug abuse was one of the top three problems in the community. She was also concerned with the drugs that would be brought into Elko if a medical marijuana establishment were in the city.
Assemblyman John Ellison gave the council some history on state laws regarding medical marijuana and said he was against the establishments because of the problems the communities and law enforcement will face.
“I hope you look at this very seriously,” Ellison said. “I was in opposition of this. I still oppose this.”
Councilman John Patrick Rice said he has gotten a lot of comments from the community about the issue, and most of the people he’s talked to have been in favor of medical marijuana establishments. He was in favor of a moratorium because it allowed city council and staff to examine the issue more closely and see the effects on other counties in the state.
“(A moratorium) would not shut the door so tightly on ... access to medical marijuana,” he said.
He also said the police department does not currently have the resources to address policing medical marijuana establishments.
“I think there’s agreement in the community that we’re not ready for this,” he said.
Rice denied the motion, but directed staff to bring back information on a moratorium to the council for approval. He said he wanted it on the agenda before the new state regulations take affect April 1.
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