Pubdate: Wed, 20 Sep 2000 Source: Santa Barbara News-Press (CA) Section: Medical Notebook Copyright: 2000 Santa Barbara News-Press Contact: P.O. Box 1359, Santa Barbara, CA 93102 Website: http://www.newspress.com/ Author: Thomas Schultz ADVOCATES WANT LOCAL SYSTEM FOR MEDICAL MARIJUANA Medical marijuana advocates continued to call for a Santa Barbara ordinance to implement California's Proposition 215, and city officials said on Tuesday they would like to learn more about efforts in Mendocino and Sonoma counties to enact the 1996 voter-approved state law. In addition, officials await a possible U.S. Supreme Court decision on a case out of Oakland. The legality of Oakland's city-supported "Medical Cannabis Distribution Program" is now in question, and any decision by the Supreme Court could impact the direction Santa Barbara takes with a similar program or effort, according to Robert Pike, assistant Santa Barbara city attorney. A handful of medical marijuana supporters and users urged the city's Ordinance Committee to move forward with a measure governing the use of medicinal marijuana in Santa Barbara -- despite the possibility that the Supreme Court will consider the Oakland case and rule against that cause after it reconvenes in early October. Santa Barbara resident Dennis Rogers, 47, said he suffers from seizures resulting from a stroke. The jazz singer told city officials that obtaining prescribed marijuana on his own costs much more than it would with a sanctioned, local distribution system. "It's killing me financially," Rogers said. Some local patients already get medical marijuana from an organized distributor -- the nonprofit Compassionate Cannabis Center, founded by South Coast resident-grower David Pryor. As they continue to consider an ordinance governing medical pot distribution, members of the city's Ordinance Committee said they also will explore the creation of a memorandum of understanding among local patients, law enforcement personnel, elected officials and health authorities from the city and Santa Barbara County governments. The memorandum could help alleviate legal disparities that could arise between medical pot acceptance in the city and unincorporated county areas nearby if a city ordinance is eventually written and passed, committee members said. Local officials have looked to other cities or counties for precedent while studying a possible ordinance. What would be the role of law enforcement? Would a patient registry be needed? Does a cannabis cooperative work? What about the transportation of marijuana? These are questions that officials still must answer, said committee member Marty Blum, who also sits on the City Council. The following examples studied by city officials describe what some other cities already have done to carry out the provisions of Proposition 215: Arcata: The police chief can issue medical marijuana identification cards to patients and their primary caregivers. The cultivation, storage and transportation of medicinal marijuana has been declared legal for patients and their caregivers. Law enforcement personnel are directed to determine whether a marijuana-related activity is for a lawful medical purpose before making an arrest or seizure. Berkeley: The medical marijuana ordinance was repealed after legal attention given to the Oakland case. Previously, Berkeley authorized operation of a "medical marijuana dispensary." Generally, a dispensary was not allowed in a residential district unless it was located in a church or religious institution. Such a facility was not allowed within 3,000 feet of a park or school. Smoking or consumption of medical marijuana was allowed on a dispensary site. Sales of paraphernalia could be made to patients. Minors were permitted to enter with a parent or guardian. San Jose: A medical marijuana dispensary may be operated with a special permit in certain commercial districts, and cannot be located within a prescribed distance from a school, day care center, church or residence. A single patient or caregiver, or a cooperative of three or fewer patients, does not need a permit to grow or possess the drug. At a dispensary, no smoking or consumption is allowed on-site. Nobody under 18 may enter, and no sales of any products other than marijuana are allowed. Santa Cruz: A recognized marijuana provider can issue identification cards to qualified patients and primary caregivers. Medical marijuana growers can obtain a "growing certificate" and recover money for their "reasonable hourly cost of labor" only. Medical marijuana associations, qualified patients, primary caregivers and cultivators with a certificate may grow the drug independently or collectively. - --- MAP posted-by: Jo-D