Pubdate: Tue, 22 Sep 2009 Source: Long Beach Press-Telegram (CA) Copyright: 2009 Los Angeles Newspaper Group Contact: http://www.presstelegram.com Details: http://www.mapinc.org/media/244 Author: Paul Eakins, Staff Writer Bookmark: http://www.mapinc.org/topic/dispensaries Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal) COUNCIL DELVES INTO REGULATIONS FOR MEDICAL MARIJUANA LONG BEACH - Trying to understand and navigate the legal issues surrounding medical marijuana is a lot like using the substance, a council committee learned Monday. The laws can be confusing, dizzying and a bit numbing, particularly for city officials who want to regulate medical marijuana dispensaries, collectives and cooperatives. "In adopting these laws, California did not legalize medical marijuana but instead exercised the state's reserved powers to not punish certain marijuana offenses," Deputy City Attorney Cristyl Meyers told the committee. Councilwoman Rae Gabelich replied: "So Cristyl, would you agree that there is a legal road for us to identify and regulate these co-ops, collectives, dispensaries ... within the city of Long Beach?" Meyers said she could give "a qualified yes" for collectives and cooperatives, which function as a resource for patients and caregivers and aren't supposed to distribute to the public. Cooperatives must file articles of incorporation with the state, and collectives can cultivate marijuana but can't procure it from outside vendors, Meyers added. Dispensaries, on the other hand, are typically illegal, she said. City Prosecutor Tom Reeves told the committee that regulating dispensaries, collectives and cooperatives requires "really careful study." "Assuming they can operate lawfully, regulating them is a significant challenge," Reeves said. The organizations are considered caregivers for patients, who receive recommendations - not prescriptions - from doctors to use medical marijuana, he said. Doctors and their patients have confidentiality under the law, while the law isn't clear on what kind of confidentiality caregivers have, Reeves said. So, determining if patients are abusing the system would be difficult, he said. Both he and Meyers said that they attended a summit last week held by District Attorney Steve Cooley, at which the message was that dispensaries are illegal and will be prosecuted. Ultimately, he said, that means Long Beach can't or shouldn't try to regulate them. "Over-the-counter sales are illegal," Reeves said. That didn't put the committee any closer to a solution. "So you're not helping us any," Councilwoman Tonia Reyes Uranga said. "I'm helping you a great deal," Reeves said. "I just told you that you can't regulate illegal businesses." Throughout the meeting, the committee discussed ideas such as having the Health Department inspect the pot dispensaries, which distribute marijuana-filled food, and regulating the operations in a way similar to liquor stores or adult businesses by placing limits on where they can open. Even limiting their locations created concern among committee members, who said such a move would create a negative connotation for organizations that ideally are helping the sick. Members of the public spoke on both sides of the issue. Constantine Haramis was among a group of residents who live near Fourth Street and Alamitos Avenue that said they had seen unsavory activity and people who didn't appear infirm at nearby marijuana dispensaries. "It's an issue of safety, and that is the thing we haven't heard about," Haramis said. A medical marijuana patient who didn't want his name used said that one can't always tell who is sick or legitimately needs medical marijuana based on a person's appearance. He and other medical marijuana supporters agreed that regulations are a good idea, but that the cooperatives and collectives are necessary. "This is a resource for sick people," he said. The committee didn't find a solution after two hours of discussion, and will continue vetting the issue at a future meeting. - --- MAP posted-by: Richard Lake