Pubdate: Sat, 25 Aug 2007
Source: Oakland Tribune, The (CA)
Copyright: 2007 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Christine Morente, Staff Writer
Cited: Colma City Council http://www.colma.ca.gov/electedofficials.html
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

COLMA CITY COUNCIL BANS MEDICAL MARIJUANA CLUBS

Officials Cite Crime Associated With Other Dispensaries in Area

COLMA -- Medical marijuana dispensaries are now banned from this town.

While no one has applied to open up shop, the Colma City Council 
unanimously approved an ordinance Wednesday night to prohibit any 
establishments that would sell medical marijuana.

Police Chief Robert Lotti said city staff has discussed the issue for 
more than a year and that it was just "time to take it off the back 
burner and get it done."

At the meeting, council members did not debate the issue during the 
public hearing, nor did anyone in the public speak for or against the 
dispensaries described by police as "dangerous enterprises."

According to Colma Police Cmdr. Greg Hart, there are four facilities 
in San Mateo and 29 in San Francisco.

He reported that there are complaints of loitering and traffic 
problems in San Mateo outside the businesses, while in San Francisco, 
there have been aggravated assaults, robberies and homicides.

Last year, South San Francisco outlawed storefront pot clubs, but 
approved allowing patients to collectively grow cannabis at least 500 
feet from residential areas. It further defined a "caregiver" as 
someone who is responsible for the "housing, health or safety of the patient."

Under California law, patients and caregivers who have the 
appropriate identification cards are allowed to collectively grow or 
possess a certain amount of marijuana depending on medical needs.

Lotti added that nothing in state law allows for medical marijuana 
dispensaries.

In 2006, the San Mateo County Health Department -- which does not 
permit or regulate dispensaries -- started issuing ID cards, said 
John Conley, deputy public health director.

Since then, 880 cards have been issued.

The cost for a card is $98, and needs to be renewed every year with a 
new doctor's note after county verification. The state then reviews 
the application before the card is issued, Conley said.

Kris Hermes, spokesman for Americans for Safe Access, said the 
prohibition of dispensaries is disheartening and asserted the 
facilities are legal under state law.

In 2005, Americans for Safe Access filed a lawsuit against Fresno, 
which had established a ban the year before. The case is still 
pending, he said.

Hermes was not at the Colma council meeting.

"(A ban) hinders and restricts safe access for patients who need 
(marijuana) in their communities," he said Thursday. "It's tantamount 
to the punishment of patients who might have mobility issues or the 
inability to travel long distances to obtain their medicine.

"The scare tactics used by law enforcement to spread fear and obtain 
a knee-jerk reaction from these bans are very over-inflated." 
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MAP posted-by: Richard Lake