Pubdate: Thu, 31 Mar 2005
Source: AlterNet (US Web)
Copyright: 2005 Independent Media Institute
Contact:  http://www.alternet.org/
Details: http://www.mapinc.org/media/1451
Author: Ann Harrison
Cited: Americans for Safe Access http://www.safeaccessnow.org
Cited: National Organization for the Reform of Marijuana Laws 
http://www.norml.org
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

GREEN RUSH FEVER

San Francisco, the city where the medical cannabis movement was born,
is now working to develop regulations for its medical cannabis
dispensaries that could become a model for other cities throughout the
nation.

San Francisco city supervisors voted this week to enact a 45-day
moratorium on new medical marijuana clubs that are flooding into the
city. The number of San Francisco dispensaries has exploded from 10
three years ago, to an estimated 37 clubs. The San Francisco
Department of Public Heath has now issued 8,000 medical marijuana ID
cards, up from 2,000 in 2002.

There are approximately 125 medical cannabis dispensaries throughout
California. Each is subject to local regulations. Opening a new
dispensary in San Francisco now requires only a business license and
approval of the landlord for a change-of-use permit. California's 1996
Compassionate Use Act (Prop. 215) allows medical marijuana patients
and their caregivers to possess and cultivate cannabis if the patient
has a doctor's recommendation to use marijuana. But Prop. 215 and a
subsequent state senate bill SB420 set up no explicit guidelines for
commercial dispensaries, where most San Francisco patients obtain
their cannabis.

Federal authorities do not recognize state medical marijuana laws and
continue to arrest marijuana cultivators and distributors. This week,
agents from the federal Drug Enforcement Administration seized 500
marijuana plants from a San Francisco warehouse, but it was not clear
whether the growers were supplying dispensaries. The U.S. Supreme
Court is expected to rule any day on the case of Ashcroft v. Raich,
which will determine whether the federal government has the authority
to prosecute medical cannabis patients and growers operating under
state law.

Some activists fear that if the court rules in favor of the federal
government, dispensaries will be targeted for a crackdown by federal
authorities. But the immediate pressure to regulate San Francisco's
dispensaries is coming from neighborhood groups and Mayor Gavin
Newsom, who called for tighter regulations after learning that a
dispensary was planning to open on the ground floor of a city-funded
welfare hotel.

The effort to regulate San Francisco's dispensaries is being led by
City Supervisor Ross Mirkarimi, who has been meeting with dispensary
owners, neighborhood representatives, patients and activists to
develop a set of dispensary guidelines. Mirkarimi said the moratorium,
which can be extended up to 22 months, will not limit patients' access
to medical cannabis and gives the city and its residents breathing
room to set some rules. "We don't want to trigger the intervention of
the federal or state government," Mirkarimi said.

During a public hearing on the moratorium, Mirkarimi noted that the
nearby city of Oakland had moved to limit the number of dispensaries
there from nine to four without extensive public input.

"I would like us to undertake a very deliberative process set by a
number of hearings where good people can weigh in on the development
of new laws," said Mirkarimi. "The 45-day moratorium does not penalize
existing clubs."

Some activists feel that the moratorium will hurt competition and
reduce services to patients. Steph Sherer, director of Americans for
Safe Access, which advocates for medical cannabis patients, says over
28 cities and towns around the state have already passed moratoriums,
some of which have prevented any dispensaries from opening in their
community.

"It's different in San Francisco where there is access to medical
cannabis, but moratoriums in places like Pasadena where there aren't
any dispensaries end up being bad for patients," said Sherer. "The
city of San Francisco is a leader on this issue and we don't want to
see moratoriums all over the state."

In an effort to make sure everyone's views are heard, Mirkarimi has
scheduled an April 25 hearing before the Board of Supervisor's
Government Audit and Oversight Committee to discuss proposed
regulations including new zoning rules. A group of San Francisco
dispensary owners have developed their own proposed guidelines. These
include provisions requiring dispensaries to provide a place for
patients to smoke cannabis on site, offer cannabis at reduced prices
to needy patients, discourage resale of medical cannabis, and abstain
from "excessive profits," meaning cannabis prices must not be
substantially higher than fair market value.

"We have a rare opportunity to really set a standard for the rest of
the state and the rest of the country for years to come," said Martin
Olive, co-director of the Vapor Room dispensary in San Francisco,
which drafted the proposed guidelines. "I have faith in the city and I
think that everyone had honest intention and integrity and there is a
genuine consensus that we are working for the same goals. There were
too many years where the city was not doing anything and everyone was
just in limbo, and now the city is taking an interest and forcing
everyone to focus and unify their voices."

Mike Aldrich, co-founder of CHAMP, one of the first San Francisco
dispensaries, says he wants every patient issued a city ID card to
join a proposed San Francisco Cannabis Cooperative. Patient
cooperatives, which are permitted to grow medical cannabis under state
law, could then decide whether to license dispensaries and perhaps set
up an ombudsman committee to deal with complaints, said Aldrich.

The regulatory process in San Francisco is tackling neighborhood
issues that other communities with dispensaries may confront. At a
neighborhood meeting earlier this week, residents who live near the
Mendohealing Clinic dispensary in the city's South of Market district
complained that the facility attracted loiterers, increased illegal
parking and led to harassment of pedestrians. Other neighbors raised
concerns about the proximity of dispensaries to schools and religious
centers where children might be present.

"We have made mistakes, we are looking for guidance from the city,"
said dispensary operator Alan Novey. He said the dispensary installed
more security guards, but people gathered at the door because the club
gave away free cannabis to indigent patients. "We want to move; we
realize that the location should be fair to the neighborhood," Novey
said.

The city's shift towards moratorium and regulations has been supported
by many patients and dispensary operators. In a community where
internal discussions have often been adversarial, San Francisco
dispensary operator Randi Webster says this newfound unity
demonstrates that the medical marijuana community has grown up and is
seeking to legitimize what they have already legalized.

"We have to be accountable and as with any responsibility, there is a
corresponding right," said Webster. "The patients have a right to be
heard now and the patients need to have protection and validation and
services in this city. We are working with the city, not waiting for
it to be decided by the city."

San Francisco's cannabis policies will continue to be in the spotlight
this week as members of the National Organization for the Reform of
Marijuana Laws (NORML) gather in the city for a national conference.

According to Dale Gieringer, director of California NORML, San
Francisco's dispensary moratorium is just part of a process toward
regulation and taxation of recreational cannabis sales to adults,
which Oakland voters supported in an initiative last year. "There is
widespread recognition in the Bay Area that this is the way to go for
the economy, the government and the community, and we can deal with
neighborhood complaints as they arise," said Gieringer.
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MAP posted-by: Richard Lake