Pubdate: Wed, 25 Jul 2001 Source: San Bernardino Sun (CA) Copyright: 2001 MediaNews Group, Inc. Contact: http://www.sbcsun.com/ Details: http://www.mapinc.org/media/1417 Note: Letters of 200 words or less are preferred Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) OAKLAND COUNCIL TIGHTENS MMJ GUIDELINES OAKLAND, July 24: The Oakland City Council approved a compromise measure tightening the city's medical marijuana cultivation guidelines from a maximum of 144 to 72 total indoor plants in a 32 square foot growing area. The outdoor guides were tightened from 30 to 20 plants, while the total amount of marijuana allowed per patient was changed from 6 to 3 pounds. The compromise was negotiated by Oakland Cannabis Buyers' Cooperative director Jeff Jones, Stacie Traylor, and attorney Robert Raich in response to a proposal by City Council President Ignacio De La Fuente, which would have allowed a limit of only 10 plants. The ten-plant limit was hotly opposed by medical cannabis activists, who warned that it would criminalize most patients. After hearing the evidence, the Council appeared to agree that a ten-plant limit was unrealistic. Jeff Jones said there was "no simple solution," but that he was satisfied the new guidelines would meet the needs of 80% of the patients. In order to accommodate the rest, the guidelines allow for exceptions if the physician states that they are necessary to meet the patient's needs. The push to change the guidelines came from Councilman De La Fuente, who complained that certain growers were abusing them to illegitimate ends. Medical cannabis backers turned out in force to oppose De La Fuente's proposed guidelines. OCBC attorney Rob Raich disavowed the compromise, saying it was inferior to the original guidelines. California NORML director Dale Gieringer noted that there had been 15 major Prop. 215 cases in California where patients had been acquitted or dismissed from charges for gardens that exceed the proposed compromise guidelines. He said that the issue should be referred for further study to a working group, as proposed by Supervisor Nate Miley. Numerous patients testified that they could not live with the proposed changes. However, wavering councilmen were won over by the fact that needy patients could apply for exceptions. While De La Fuente's original proposal would have limited caregiver gardens to 5 patients, the compromise measure dropped this limitation, allowing caregivers to grow for any number of patients, provided they post their names and comply with the 72 plant/32 square foot per patient allotment. A number of Councilmembers indicated their support for complete decriminalization or legalization, but expressed regret that present federal law made this impossible. Summary Of Approved Changes To Oakland Guidelines * Changing the annual need per patient from 6 to 3 lbs. * Changing the amount of dried cannabis a patient may possess from 1.5 or 6 lbs. if grown outdoors, to 3 lbs. regardless of growing method. * Changing the limit on indoor plants from 48 flowering and 96 immature to a growing area of no more than 32 square feet, containing a maximum of 72 plants. * Changing the limit for outdoor plants from 30 flowering and 30 immature plants to 20 platns at any stage of development. * Adding privacy protections that expressly allow patients to redact or blackout any diagnosis or personal medical information on required documentation. * Adding a Medical Necessity Exemption that allows patients who have a doctor's statement to exceed the Oakland guidelines. * Allowing Primary Caregivers and Growing Collectives to continue growing quantities justified by the number of patients they can prove they represent, but now also requiring them to post or keep such proof available on the premises. * Urging the Police Department to develop an appropriate training bulletin to implement these policies. * Additionally, Councilman De La Fuente agreed to meet quarterly with patient representatives to monitor this policy. * To give patients time to transition, the new policy will not take effect until Nov. 15, 2001 - --- MAP posted-by: Josh Sutcliffe