Pubdate: Tue, 30 Sep 2008 Source: Desert Sun, The (Palm Springs, CA) Copyright: 2008 The Desert Sun Contact: http://local2.thedesertsun.com/mailer/opinionwrap.php Website: http://www.thedesertsun.com/ Details: http://www.mapinc.org/media/1112 Author: K Kaufmann Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) PALM SPRINGS MULLS LAW FOR MARIJUANA DISPENSARIES Palm Springs could become the only city in Riverside County to allow medical marijuana dispensaries - provided they comply with state guidelines released in August and are located in areas zoned for industrial use. The draft of the proposed law gets its first public hearing at a meeting of the city's medical marijuana task force at 3 p.m. today at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way. Following the guidelines issued by state Attorney General Jerry Brown, the proposed ordinance would ban for-profit dispensaries in the city, but allow dispensaries organized as not-for-profit collectives or cooperatives. Dispensaries also would be limited to the city's industrial zones and would have to be at least 500 feet from any school, park, playground or residential area. "We're trying to figure out a way to reasonably allow activities within the state's Compassionate Use Act, while still recognizing we have federal law that suggests this is illegal drug activity," said City Attorney Doug Holland, who drafted the ordinance. "The idea here is to try to provide balance." The City Council also will take up the law at its meeting at 6 p.m. Wednesday, although no vote is expected. California law allows medical use of marijuana for people with a doctor's letter of recommendation. Federal law bans all use or cultivation. Palm Springs has been wrestling with the issue for more than two years, passing a series of moratoriums, while allowing two dispensaries to operate without a city business license. Coachella and Desert Hot Springs also have moratoriums, while Indian Wells, Indio, La Quinta and Palm Desert passed dispensary bans. Riverside County also has a ban in force for unincorporated areas. Stacy Hochanadel, who recently opened CannaHelp, Palm Springs' third dispensary, said his business, located in an industrial zone, would pass muster under the ordinance. But Hochanadel questioned whether limiting dispensaries to industrial zones would put too many in one area. "We need 1,000 or 2,000 feet between shops," he said. "For security reasons, it would be good for the community." Lanny Swerdlow, president of the Marijuana Anti-Prohibition Project, a patients' advocacy group, also raised concerns about the industrial zone requirement and its impact on small patient collectives. "(The law) has got to accept small co-ops (in residential areas), so if someone wanted to have a little grow in their garage for themselves and a few other patients, they could do so," Swerdlow said. The other two dispensaries in Palm Springs - Community Caregivers and the Collective Apothecary of Palm Springs, or C.A.P.S. - are both located on Palm Canyon Drive in commercial zones. Representatives for both dispensaries declined comment Monday. [sidebar] Co-ops and collectives Under guidelines from state Attorney General Jerry Brown, dispensaries organized as not-for-profit cooperatives or collectives are allowed under California's medical marijuana laws. Cooperatives: Must be incorporated with the state Must have a state seller's permit and pay sales taxes Can only obtain marijuana from and sell to co-op members Collectives: While state law has no statutory definition of collectives, the guidelines describe them as "organization(s) that merely facilitate the collaborative efforts of patient and caregiver members." Not-for-profit: Collectives and cooperatives cannot sell medical marijuana for profit, but they may charge fees "that are reasonably calculated to cover overhead costs and operating expenses." - --- MAP posted-by: Larry Seguin