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