Pubdate: Wed, 15 Feb 2012
Source: Daily Californian, The (UC Berkeley, CA Edu)
Copyright: 2012 The Daily Californian
Contact:  http://www.dailycal.org/
Details: http://www.mapinc.org/media/597
Author: Adelyn Baxter

CITY CANNABIS INDUSTRY COULD BE AFFECTED BY FEDERAL INTERVENTION

Medical cannabis is viewed as both a burgeoning industry and a cause
of judicial contention for many people in California and across the
country. In Berkeley, federal intervention is beginning to affect the
city's small -- but growing -- medical cannabis industry.

In recent months, the U.S. Department of Justice has cracked down on
medical marijuana in California, saying that many of the dispensaries
and cultivators operating within the state's legal guidelines are
actually violating federal law.

According to a Feb. 8 letter sent to Representative Nancy Pelosi from
California NORML Director Dale Gieringer, the U.S. Attorney sent a
letter to the Berkeley Patients Group -- a local dispensary that has
been operating in the city since 2000 -- indicating that Berkeley may
now need to contend with federal medical cannabis.

The letter warned the dispensary that it was in violation of a federal
law that stipulates that dispensaries cannot be located within 1,000
feet of schools and playgrounds, even though California law only
requires a 600-foot distance between schools and dispensaries.

Berkeley Unified School District spokesperson Mark Coplan said he is
not aware of any medical marijuana dispensaries in close proximity to
any of the district's schools and that they are not a concern for the
district at present.

"There's a constant tension between the state, local and federal
government as they regulate medical marijuana," said Berkeley City
Councilmember Max Anderson. "That's a tension that is not likely to go
away anytime soon."

The Berkeley Patients Group could not be reached for comment, but
according to its website, the dispensary "operates in strict
compliance with the letter and the spirit of California's medical
cannabis laws."

Prior to the federal crackdown on medical cannabis, Berkeley voters
passed several ballot measures expanding the city's medical cannabis
regulations for local collectives and the three existing dispensaries
in Berkeley. These regulations allowed for the expansion of Berkeley's
medical cannabis industry, as opposed to the limits now being imposed
by federal standards.

In 2008, Berkeley voters approved Measure JJ, which allows a patient
or primary caregiver to possess and grow unlimited amounts of
marijuana, provided that only 10 or fewer of the plants are visible
from other properties. The measure also lifted limits for cannabis
collectives, provided they possess only a "reasonable quantity."

In November 2010, Berkeley voters approved ballot Measures S and T.
While Measure S structured the taxation of medical cannabis in
Berkeley, Measure T permitted six new 30,000-square-foot cultivation
sites to open in West Berkeley, as well as a fourth dispensary, which
has not yet been identified. Measure T also called for the
reinstatement of the city's medical marijuana commission.

"It's not as much a big economic element for us as it is a social
benefit," Anderson said. "It's an effort to provide medical cannabis
to those who need it and have a doctor's prescription."
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