Pubdate: Tue, 16 Jul 2001
Source: Berkeley Daily Planet (US CA)
Copyright: 2001 The Berkeley Daily Planet
Contact:  http://www.berkeleydailyplanet.com/
Details: http://www.mapinc.org/media/1238
Author: John Geluardi

MEDICAL POT ZONING POLICY PUT ON HOLD

The City Council will likely not take any action to establish zoning 
policies that would limit marijuana cooperatives because of a recent 
Supreme Court ruling against "medical necessity" legal defenses.

The council requested the report from City Manager Weldon Rucker on May 8, 
after some residents and medical marijuana patients raised concerns that 
there were no zoning policies governing the number or placement of 
cooperatives. The council asked for a report on the possibility of enacting 
a moratorium on new cooperatives until a zoning policy was in place.

The council also requested Rucker study the possibility of Health and Human 
Services overseeing the cooperatives. Currently there is no city agency 
that oversees cooperative procedures and standards.

The request for a zoning policy and oversight agency was the result of 
Berkeley's medical marijuana ordinance approved in March. The ordinance 
allows doctor-approved patients to be in possession of 2.5 pounds of dried 
marijuana and as many as 10 marijuana plants. Cooperatives are allowed up 
to 50 plants and 12 pounds of dried marijuana.

Once the ordinance was adopted, it became clear there were no guidelines 
for the planning and development department to determine where to locate 
cooperatives. Currently, there are four cooperatives operating in the city.

Since the council requested the report, the Supreme Court ruled in the case 
of the United States v. the Oakland Cannabis Buyers' Cooperative, that 
"medical necessity" is not an exception to federal drug laws.

The 8-0 decision brought aspects of the state's medical marijuana law, 
Proposition 215, and the city's ordinance into question, according to the 
city manager's information report.

"This decision is likely to limit somewhat the city's flexibility in 
devising a framework for 'permitting' medical marijuana collectives, even 
if they are in compliance with the recently-adopted ordinance establishing 
protocols for medical cannabis," according to the report.

Based on the ruling, Rucker is recommending the council not develop zoning 
laws and suggested the moratorium on new cooperatives until an official 
policy is adopted isn't necessary because there are no pending 
applications. In addition, Rucker suggested Health and Human Services not 
be assigned oversight of the cooperatives because of the murkiness 
surrounding medical marijuana laws.

"It is inadvisable for the city to assume responsibility over an activity 
that remains illegal," the report reads.

Fred Medrano, director of health and human services, said managing the 
marijuana cooperatives would result in a significant increase in workload 
to a already taxed department.

In addition, he said his staff would likely be reluctant to take the job on.

"Especially with the Supreme Court ruling, which makes [it] technically 
illegal," he said. "It wouldn't make sense for a city department to take a 
regulatory position."

If the council agrees with Rucker's informational report there will likely 
be no change in    the city's current policy. No more applications for 
cooperatives would be approved but    the existing four cooperatives would 
not be effected.

Director of the Cannabis Buyers Club, Don Duncan, said he approved of 
Rucker's report.

"We had a couple of meetings and I felt the city manager was thoughtful and 
careful," he said. "I don't think there's any need for more cooperatives. 
The current proposal is the    right thing to do."
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MAP posted-by: Larry Stevens