Pubdate: Thu, 6 Aug 2009
Source: Half Moon Bay Review (CA)
Copyright: 2009, Half Moon Bay Review and Pescadero Pebble
Contact:  http://www.hmbreview.com/
Details: http://www.mapinc.org/media/178
Author: Greg Thomas

COUNTY LAYS DOWN LAW FOR POT COLLECTIVES

Authorities Change Rules for Medicinal Marijuana

The opening of a medicinal marijuana collective in Moss Beach earlier
this summer combined with a budding interest in cannabis clubs in
unincorporated San Mateo County is prompting county officials to clamp
down with regulations for vetting potential collectives and their members.

Recognizing what county Counsel Michael Murphy characterizes as a
"growing trend" in prescription pot use, the Board of Supervisors
passed an ordinance in May calling for creation of a licensing program
for legal distributors of the potent plant.

It's intended to ensure that these operations, as they go, in fact are
collectives the way the attorney general is defining them," Murphy
said. "The last thing we want to do is grant license to a person not
operating under the law."

Last week, county lawmakers approved an extensive application required
for all pot collectives - existing and proposed. The 13-page form is
the collaborative invention of the county counsel's office, Sheriff's
Office and licensing board. It outlines the first legal framework for
pot distribution in the county.

Prior to the ordinance, local government had no oversight of the
practice. Collectives could set up shop as they pleased, without
issuing any advanced notice. Noting the opening of the Moss Beach
collective in June, county lawmakers thought it prudent to establish
guidelines for existing and potential clubs.

Beforehand, there was no process. In other words, the collective just
showed up and there was no formal review. Other than leasing the
building and setting up, there was no local law to review what they
were doing," Murphy said.

Medicinal marijuana has been an issue of much debate since California
voters approved Proposition 215, the Compassionate Use Act, in 1996.
The Legislature allows doctor-approved uses of the drug for a variety
of ailments.

Now, club founders in the county need to gain approval first from the
Sheriff's Office before moving to the licensing board. Deputies are
reserving the right to inspect collectives any time, without warning,
to ensure businesses are consistent with county regulations. Murphy
says the county wants to keep pace with "fast developing" medical
marijuana laws that vary throughout the state.

We were hoping to put together something that would be like a model
for other cities to consider (in creating their own laws)," said Chief
Deputy County Counsel Penney Bennett.

Currently, four collectives operate in unincorporated San Mateo
County. Three are situated in the North Fair Oaks area; the fourth is
Blue Heaven in Moss Beach. The county doesn't keep track of numbers
for residents holding medical marijuana cards or membership to
collectives or how many collectives there are in county cities.
Bennett estimated the number of cardholders in the county at "several
hundred," and said the only two cities she knows of that regulate
collectives are San Mateo and South San Francisco. The applications
should shed some light on those figures, she said.

Pre-existing collectives have 45 days from July 28 to fill out and
submit the application.

Aside from providing basic information about the business operations
and employees, applicants must also submit written responses to 43
pertinent inquiries - most address monitoring and security strategies.

County authorities say they aim to enforce a "closed circuit" of
marijuana cultivation, distribution and consumption. They demand club
owners illuminate the path their pot travels - from seed to sale - and
also what safety measures collectives intend to take to prevent their
pot from reaching un-carded hands.

As owner of Blue Heaven medical marijuana collective in Moss Beach,
Half Moon Bay resident Ruben Muniz has already taken precautions in
that department.

We put stickers on our product that identifies it as a medical
product," he said. "Also, when (members) sign up with us they have a
membership agreement saying they won't redistribute or share meds with
non-patients ... If we need to do any other measures, we'll adjust as we
need to." 
- ---
MAP posted-by: Richard Lake