Pubdate: Wed, 26 Feb 2014
Source: San Diego Union Tribune (CA)
Copyright: 2014 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Author: Craig Gustafson

CITY COUNCIL OKS POT SHOP RULES

Medical marijuana will soon be sold with the approval of San Diego
leaders after they adopted new rules that would allow up to 30
dispensaries to operate legally within city limits.

The City Council voted 8-1 Tuesday to create new zoning laws for
medical marijuana dispensaries after years of back-and-forth civic
debate about providing safe access for patients while at the same time
protecting neighborhoods. Councilman Mark Kersey cast the lone
dissenting vote, saying he couldn't support the plan given that the
drug remains illegal under federal law.

"This ordinance provides clear and fair rules which will result in
access to medical marijuana for legitimate San Diego patients and
safeguard neighborhoods from negative impacts associated with
dispensaries," said interim Mayor Todd Gloria, who pushed to get the
plan passed before handing the reins to Mayor-elect Kevin Faulconer on
Monday.

The rules limit dispensaries to some commercial and industrial zones
and require them to be at least 1,000 feet from one another as well as
schools, playgrounds, libraries, child care and youth facilities,
parks and churches. They must operate as nonprofits, have curtailed
business hours and hire security guards.

The proposal had been slowly working its way through city bureaucracy
since last April when the City Council rejected a plan by then-Mayor
Bob Filner that called for much looser restrictions on
dispensaries.

The biggest change made Tuesday was the implementation of a cap of
four dispensaries in each of the city's nine City Council districts.
That means there can be no more than 30 citywide because an analysis
by the San Diego Association of Governments showed that three of those
districts had fewer than four possible locations under the new rules.

The City Council listened to two hours of public testimony before
voting. Medical marijuana advocates shared stories of pain and
suffering from diseases that only the drug could alleviate. They added
that the proposed rules weren't perfect but at least provided some
safe access for patients.

Lynn Redeman, who spoke in favor of the new ordinance, urged the City
Council to address the issue because it's not going away.

"I'm only asking the City Council to think logically, give this motion
a chance, think positive, give it strict guidelines and give it a
chance," he said. "If you give it a chance and it doesn't work, then
vote against it. Have an open mind and let the people show themselves
that this business can run as a co-op and for the people."

In opposition were city residents concerned about negative impacts
that dispensaries could have on neighborhood crime and anti-marijuana
critics who say the shops will increase drug use among teenagers.

Dr. Matthew Carroll, a psychiatrist, said the typical medical
marijuana patients he has seen are healthy people who claim they have
anxiety in order to get the drug rather than cancer or AIDS patients
who need medication.

"If we pass this ordinance and say it's OK, what we're doing is de
facto legalization," Carroll said. "One hundred percent of adults can
walk in and get a prescription. All you have to say is, 'I'm anxious.
I'm nervous. I have difficulty sleeping.' You will get a prescription.
Now if that's what we want in San Diego and that's what the council
wants to vote for, OK. ... But if we say this is for sick people,
let's be realistic."

Two of the biggest uncertainties going forward are whether opponents
will launch a signature drive to overturn the law through a ballot
measure and how the city plans to enforce the new law.

Alliance for Responsible Medicinal Access, a new group advocating for
medical marijuana, has already raised $50,000 to fight any push to get
the law tossed out. One of the group's leaders, Bob Riedel, said the
organization will also act as a Chamber of Commerce for dispensaries
and make sure everyone follows the rules.

"We firmly believe that once clear regulations are in place, the
public will embrace your decision to treat this issue fairly," Riedel
told the City Council. "We urge you to end the chaos. Give clear
regulations to law enforcement, landlords, city code compliance staff
so that parties who want to obey the law ... actually have rules in
place they can follow."

Joe LaCava, chairman of Community Planners Committee, said his group
voted overwhelmingly against the proposal because of enforcement concerns.

"The vote is in fact a loss of confidence in the city's ability to do
code enforcement and to monitor the conditional-use permit," he said.
"Do not issue that first permit until you have fully funded the code
enforcement and the police enforcement that will be necessary for
these unique places."

City staff acknowledged during Tuesday's hearing that only two code
enforcement officers currently monitor medical marijuana
dispensaries.

Under the new law, would-be dispensary owners would apply for a
five-year conditional-use permit to open a medical marijuana shop and
pay a fee of between $8,000 and $24,000 - a figure aimed at cost
recovery for the city.

The City Council vote could put an end to a tortuous five-year civic
battle over medical marijuana. In 2011, after years of debate, the
city passed a strict ordinance for dispensaries that upset medical
marijuana advocates. They launched a successful petition drive and the
City Council chose to rescind the law rather than pay for an election.

The issue remained dormant until Filner resurrected it when he took
office in December 2012. He told police and code enforcement officers
to not shut down dispensaries operating illegally within the city,
which led to a proliferation of the shops throughout the city. Gloria
reversed that decision when he took over following Filner's Aug. 30
resignation amid a sexual harassment scandal.

Just because the city will now allow dispensaries to sell medical
marijuana doesn't necessarily mean those businesses are in the clear
legally. Marijuana remains illegal under federal law even though state
voters approved its use for medicinal purposes in 1996.

Kersey, a Republican, raised concerns about that discrepancy Tuesday
even though he said he supports compassionate use.

"Until the federal government can figure out how to treat marijuana in
a way that respects the growing trend among states, I cannot support
local rules and regulations that give people a false sense of
security, giving them the perception that possessing and distributing
marijuana is 100 percent legal."

The ordinance now must get approval from the California Coastal
Commission, which is expected to make an expedited ruling within 90
days.
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MAP posted-by: Matt