Issues Related to Locating a
Marijuana Dispensary
in the City of Martinez
by
Chief Tom J. Simonetti
What is a Medical Marijuana
Dispensary?
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Dispensary - Store Front - Retail Outlet
Sell medicinal marijuana and related products
Profit / Non-Profit (400-800 statewide)?
Primary Care Giver
People v. Mentch CA Supreme Court Case # S148204
(2008) defines a Primary Caregiver
Must do more than just provide medical marijuana
Must be a person “who has consistently assumed
responsibility for the housing, health and safety” of the
patient
As a means of attempting to comply with Mentch, some
dispensaries are now offering other services such as massage
therapy, yoga and Pilates classes
Why the City of Martinez?
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City ordinance passed in 2000 that allows for
dispensaries under certain circumstances
Currently – no dispensaries in Martinez
Six (6) current inquiries
Dispensaries are using “Shot gun approach”
The question we need to answer is why we
shouldn’t have a dispensary in the City of
Martinez?
Why not Martinez?
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Hopefully we can answer this question and
convince you that locating a dispensary in
Martinez is inconsistent with public safety and
would put your constituents at risk
Dispensary Related Crime Trends
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From 1994-2006 the trend was dispensary,
employee and customer robberies
Suspects would target large amounts of cash and
marijuana
Post-2006 - Home invasion robberies are more
common. Committed against growers and
employees
1. Employees followed home
2. Impact resources of non-dispensary cities
3. Grow locations
Dispensary Enforcement Actions
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Since 2004, DEA has arrested more than 365
people in 87 investigations involving
dispensaries in CA
Joint investigation by Modesto PD and DEA
culminated in September 2006.
DEA seized more than 100 pounds of
marijuana, one-thousand plants, several
firearms, and more than $200,000 in cash.
Berkeley Medical Herbs / Dragonfly Holistic
Solutions / Holistic Solutions
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In 2001, after three armed robberies in 10
months and continued violations of even
Berkeley’s lax dispensary rules, owner asked
to leave by the City and other Dispensaries
Opens Dragonfly Holistic Solutions in
Oakland.
In June 2004, ordered to close as part of
Oakland’s dispensary reduction.
Eventually closed the dispensary
Compassionate Collective of Alameda County
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In Feb 2005, a group of suspects entered the dispensary, tied
everyone up and robbed the business of about $50,000.
In June 2005, a masked gunman fired four shots into a
dispensary worker's car as he pulled into the parking lot.
In February 2007, the co-owners were involved in a shootout
at a Fremont hotel after being lured there for a transaction via
Craigslist.
In July 2007, one of the club's customers was ambushed,
robbed for his marijuana and killed at a nearby gas station.
November 2007, owners indicted on charges of conspiracy to
distribute and distribution of marijuana as well as conspiracy
to launder money.
Nature's Medicinal Cooperative
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In July 2007, Purported that the business brought
in $9.6 million in nine months. According to
DEA: “The nature of this enterprise was to make
money—plain and simple.”
David Chavez Jr. and Sr. charged with
conducting a "continuing criminal enterprise.”
They and six others were charged with
conspiring to distribute marijuana and other
charges including possessing firearms in
furtherance of the trafficking crimes.
Los Angles Experience
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Los Angeles Police Department reported the following:
200% increase in robberies
52.2% increase in burglaries
57.1% rise in aggravated assaults
130.8% rise in burglaries from autos near cannabis clubs in
Los Angeles
Estimated there are 400 dispensaries in Southern California
alone
Use of armed gang members as armed “security guards”
* Information from LAPD Det. Dennis Packer
San Francisco Experience
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Crimes reported at or near to San Francisco's Dispensaries
Between January 2006 to February 2007
(3) homicides, (2) attempted homicides
(6) possession of a loaded firearm
(1) exhibiting deadly weapon
(57) robberies, (27) attempted robberies
(98) aggravated assaults
(144) incidents of battery
(7) incidents of battery on a police officer
(1) forcible rape, (1) attempted rape
(3) sexual batteries
(198) burglaries and (2) attempted burglaries
Source: Memorandum from DEA to HIDTA
Dispensary Related Crimes
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Under reporting of crime, if reported at all
Fear of Prosecution
1.
Still a “Covert Industry”
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Give industry a bad name –don’t want to attract
3.
attention
Dispensary related crimes may not be captured or
recorded as such. (Lack of statistical analysis)
We can only guess how much crime will follow a
dispensary or we can look at the experiences of
other jurisdictions
Home Invasion Robberies
About 30 neighbors signed
a certified letter given to
MacFarlane earlier this
month in which they
demand that he address the
nuisances allegedly
created by growing
marijuana, including the
discharge of firearms,
verbal threats, smell of
marijuana and the noise of
motion sensitive alarms.
Santa Rosa, CA
Martinez Experience
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In August 2007, home invasion robbery 1600 Block Castro
Street
Unknown man tied up female with duck tape at gun point
Investigation revealed the robbery was related to a significant
marijuana grow operation in an outbuilding
Four persons arrested in connection with the incident – All had
prior felony convictions
In September 2008, another home invasion robbery where a
gunman with an AK-47 assault rifle shot a resident in the leg
near Fire Station 12, just outside the city limits on Chestnut
Street near JJ’s Liquors on Shell Avenue.
Suspects were trying to steal marijuana.
Concord Shooting
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On September 21, 2009, a Concord man was shot outside a house on Kauri
Court as a group of men attempted to steal marijuana from a legal garden
Three residents of the home confronted the man, briefly detained him, until
others came to his aid.
Subject got into a waiting pickup truck and drove away
Residents heard one gun shot
Police responded as the truck was leaving the area
All six (6) people in the vehicle were arrested for conspiracy to commit a
crime
An 18-year-old male suffered a gunshot wound in the lower leg
All of the suspects were 18-20 year-old Central County men.
A handgun was recovered near the intersection of Joan Avenue and Cape
Cod Way. Investigators believe that the gun was thrown from the vehicle.
It appears that one of the subjects in the car was accidentally shot during
the urgent, stress filled quest to escape
Where does the Marijuana come from?
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Dispensaries sell a significant amount of marijuana
Enforcement actions reveal 10-100 pounds on hand at a given
time
1/8th ounce most common sale point, 1 pound is 128 1/8ths
No Accounting of where it comes from
1.
Indoor and Outdoor grows.
2.
Org. crime involved in grows
3.
Drug trafficking organizations (LA report indicates dispensaries
buying marijuana smuggled into US from Mexico)*
4.
OMGs (Hells Angels and Mongols)
* Information from LAPD Det. Dennis Packer
Who are the patients?
Obtaining a Conditional Use Permit
for a Dispensary in Martinez
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The purpose of the ordinance as stated is to protect the public safety,
health, and welfare of the citizens of the City by prohibiting the use of
residential districts for medical marijuana dispensaries and restricting the
operation of medical marijuana dispensaries to specific commercial zones
Recently published operational guidelines
No additional penalty for non-compliance in relation to the monetary
benefit of ignoring the ordinance and receiving citations
In order to issue a conditional use permit, the Planning Commission or City
Council, on appeal, must make a finding of fact that the proposed medical
marijuana dispensary will not result in the substantial aggravation of crime
problems or make law enforcement unduly difficult (MMC 22.41.080 B.,
3)
Once a dispensary is embedded, litigation will be required to remove them
from the community
Potential Proprieters Suggest
Interest is Serving Patients
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Several dispensaries already deliver to Martinez
1. ME Delivery
2. Maricare Wellness Center
3. Contra Costa Rx
Why not Martinez?
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Police lack capacity to deal with any increase in crime that is
related to a dispensary or multiple dispensaries
Police already trying to do the same with less
Impact on the youth in Martinez?
Consumer need already met – delivery available
Impact on relationships with Federal agencies?
City Council recently passed “No Smoking Ordinance”
1. Incongruent value statement
Marijuana is not regulated, like other medicines
What standards are used to ensure health of users?
Benefit to patients does not outweigh burden on resources
required if a dispensary was approved
Policy question for the City Council
is whether the City of Martinez safer
with or without medical marijuana
dispensaries?
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I have 33 years of law enforcement experience
Based on my training, experience and research, the
experiences of other cities who have allowed
dispensaries, I have concluded that the citizens of
Martinez would be safer and better served, if the city
banned medical marijuana dispensaries
Accordingly, I will be proposing that we amend the
Municipal Code to include such a ban
Proposed Ban on Dispensaries
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22.41.030 Medical Marijuana Dispensaries
prohibited.
A. Medical marijuana dispensaries are prohibited in
the City of Martinez and no medical marijuana
dispensary shall operate, locate or otherwise be
permitted within the city of Martinez.
B. The city shall not issue, approve or grant any
permit, license or other entitlement for the
establishment or operation of a medical marijuana
dispensary. (Ord. 855 § 2, 2008; Ord. 838 § 1, 2006)