Pubdate: Sat, 12 Dec 2009 Source: Daily Journal, The (San Mateo, CA) Copyright: 2009 San Mateo Daily Journal Contact: http://www.smdailyjournal.org/ Details: http://www.mapinc.org/media/3778 Author: Michelle Durand Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) MEDICAL MARIJUANA COLLECTIVES UNDER FIRE If Redwood City doesn't halt medical marijuana collectives and give itself time to draw up regulations, the facilities could operate near schools and day care facilities, according to city officials asking the City Council to pass a temporary moratorium. The city's Planning, Housing and Economic Development Department has received four "serious inquiries" by people wanting to open collectives and "numerous" requests for information but no actual applications, according to that department's director Jill Ekas. "We've actually gotten multiple calls a week for quite a few weeks," Ekas said. The proposed sites include the intersection of Jefferson Avenue and El Camino Real, the intersection of Whipple Avenue and El Camino Real, the 500 block of Woodside road and multiple spots on Veterans Boulevard. But with questions pending about how to regulate their location, officials like Ekas and City Manager Peter Ingram want the council to give them time to find the answers. The issues aren't just location - city staff want to know if hours and security should be required, if the city should adopt its own identification program or use another agency's template, if licensing and criminal background checks are needed for operators and employees and, if licensing is required, how often it must be renewed. "We need to figure out how to process these if we have no regulations," Ekas said. California voters legalized medical marijuana in 1996. Senate Bill 420 clarified the law in 2004. In the time since, counties and cities have struggled with abiding by the law while keeping the collectives in check. According to Redwood City data, 50 cities have temporarily banned them through a moratorium like it is considering, 100 have banned them outright and approximately 30 cities allow them with regulations. Without new rules, medical marijuana businesses could be zoned in Redwood City similar to pharmacies, medical offices or clinics, meaning they could potentially operate near schools and day care facilities. City staff say this is "cause for concern," not to mention other potential problems from the lack of framework. Nearby cities have documented increased crime after marijuana collectives came to town, according to the staff recommendation which lists problems such as illegal drug activities, robberies and loitering. The requested moratorium requires a four-fifths majority vote and, if passed, lasts 45 days. An allowed extension of 22 months and 15 days would keep the collectives at bay until Jan. 28, 2010 unless a second extension is then passed. If passed, the moratorium becomes effective immediately. As an alternative to the proposal, the City Council could ban collectives outright, allow them but with regulations or do nothing and by default allow them with limited restrictions through the use permit review process. Redwood City Police Chief Louis Cobarruviaz said he backed the moratorium because of the secondary effects of crime and nuisance complaints on the community. More specifically, Cobarruviaz cites the city of San Mateo for needing more police services before the Drug Enforcement Agency shut down four marijuana dispensaries in 2007. Like city staff, Cobarruviaz pointed to the need for the "opportunity to provide a thoughtful study of the potential impacts." Redwood City is far from alone in proactively pushing back collectives creeping into its borders. On Thursday, the South San Francisco City Council extended its current moratorium for 10 months and 15 days, using the same reasoning of needing to determine how to balance zoning and community concern with support of those who want the drug for medical reasons. The city took action after receiving an application to open a collective at 175 Utah Ave. In October, San Bruno leaders also approved a temporary moratorium. In contrast, the Board of Supervisors in the spring unanimously passed a slate of regulations for dispensaries in the unincorporated area, including 21 provisions regulating the location, security, products allowed and a ban on advertising and sales of cultivated marijuana on site. Applications became available in July but so far even already-established locations are being forced to shutter because they fall within the 1,000 feet restriction around schools. Two other applications for new collectives in the unincorporated county were also denied in November. [sidebar] Info box: The Redwood City Council meets 7 p.m. Monday, Dec. 15 at City Hall, 1017 Middlefield Road, Redwood City. - --- MAP posted-by: Jo-D