[420 Girl]

Last week on July 7, the City of Fortuna held a public hearing to consider a first reading of an ordinance that would prohibit the establishment and operation of medical marijuana dispensaries in the city limits. After hearing some emotional testimony on the subject, the council voted to pass the first reading.

City attorney David Tranberg remarked that the ordinance “is both simple and complicated.” He explained that the simple part of the ordinance is that it “simply bans medical marijuana dispensaries from the City of Fortuna.” But what makes the issue complicated, he continued, “is that there is a tremendous amount of confusion between the federal government and the state government over the whole issue of medical marijuana.”

Tranberg said that the point of the ordinance is “to bring some clarity” to an otherwise complex issue that concerns law enforcement and elected officials who must process through “this muddled grey area.” The city attorney also explained that the wording of the ordinance was designed to provide a judge, should the matter be challenged in court, with a set of established reasons for invoking the ordinance. “Without that kind of factual explanation, a judge may order a city to re-examine the issue and to establish in the record what the reasons for the adoption of the ordinance.”

In 1996, the voters of California passed Prop 215, the 'Compassionate Use Act.' But the federal government continues to view any amount of marijuana for any reason to be a crime. According to city attorney Tranberg, federal law rules supreme.

During the part of the meeting reserved for public comment, a woman stood up to address the council in emotional terms, and called council members 'pompous,' 'right-wing,' and hypocrites.' “Don't do it,” she said. “What you are proposing is bad. Can't you see that?”

After hearing further testimony both for and against a medical marijuana dispensary in city limits, the council voted in favor of the ordinance.

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