UPDATE: Napa Sets Closed Session Sept. 24 to Discuss Feds' Medical Pot Memo

UPDATE: Monday, Sept. 9, 2013

Napa City Council has scheduled a closed session for Tuesday, Sept. 24, to discuss what, if any, impact a new federal stance on medical marijuana has on the city's decision last month to repeal its medical pot dispensary ordinance.

The closed session comes after the Napa Planning Commission last week halted taking any steps in the repeal process pending the City Council's reaction to the new federal statements on prosecution of medical marijuana laws.

"With all the activity, uncertainty and changes, we decided to just hold off until City Council has a chance to discuss the matter with the City Attorney," said Napa City Manager Mike Parness on Monday.

Parness said he anticipated one of two possible likely outcomes from the special closed session:

--The City Council decides that the new information doesn't change their minds about repealing the ordinance. In that case, they would notify the Planning Commission to re-start the repeal process; or

--The City Council decides they need to reconsider what steps to take regarding the medical pot dispensary ordinance. In that case, City Council would set a date to place the item on the agenda for a discussion at a future public meeting.

"It all depends on the outcome of the closed session," Parness said. The session would likely be held sometime prior to the 6:30 p.m. public meeting on Sept. 24.

Announcements released last week from the office of U.S. Attorney General Eric Holder indicate that the federal government will now cede enforcement duties for medical marijuana usage to states such as Washington and Colorado.

A majority of City Council members said last month they were concerned about the possibility of federal prosecution if the city took action on its ordinance to establish a medical marijuana dispensary when its moratorium expires in October.

Rather than risk any federal action against the city, a 4 to 1 majority voted to repeal the ordinance. It was not immediately clear how the easing of the specter of federal prosecution would affect last month's vote.

ORIGINAL STORY: Tuesday, Sept. 3, 2013.
Last week's decision by U.S. Attorney General Eric Holder to allow authority for Washington and Colorado's medical marijuana laws leaves a big question as to how that will affect medical pot laws in California and Napa.

Napa City Council last month voted to repeal its ordinance allowing establishment of a city-regulated medical pot dispensary. City Council members who voted in favor of the repeal said they were concerned about prosecution from the federal government, which has not allowed medical marijuana as an approved use.

However, according to the Huffington Post, Holder's statement has altered the government's stance on the potential for prosecution.

According to the article, a memo by Deputy Attorney General James Cole issued  to U.S. attorneys across the country clarifies the issue further.

Cole states, according to the article:

"The Department's guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health and other law enforcement interests," it reads.

 "A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice."

Napa Valley Patch will be polling City Council members this week on their reaction.
Meanwhile, what do you think?