Pubdate: Thu, 10 May 2001
Source: Berkeley Daily Planet (US CA)
Copyright: 2001 The Berkeley Daily Planet
Contact:  http://www.berkeleydailyplanet.com/
Details: http://www.mapinc.org/media/1238
Author: John Geluardi

POT CLUBS CREATE ZONING PROBLEMS

The City Council approved a recommendation Tuesday asking the city manager 
to    develop procedures for issuing permits and licenses to Medical 
Marijuana cooperatives.

The council approved the recommendation by a vote of 8-0-1 with 
Councilmember    Betty Olds abstaining.

The recommendation, put on the agenda by Councilmembers Margaret Breland, 
Linda    Maio and Kriss Worthington, also asked the city attorney to draw 
up language for an    urgency moratorium on any new medical marijuana 
dispensaries until specific zoning regulations can be approved.

A moratorium would have to be approved by seven of the nine councilmembers 
if there    is no public hearing prior to the vote. If a moratorium is 
adopted, it would be in effect for    only 45 days at which point it could 
not be extended without a public hearing.

The council adopted a Medical Marijuana Ordinance in March, which 
allows    doctor-approved patients to possess up to 10 marijuana plants and 
up to 2.5 pounds of    dried marijuana. The ordinance also allows

cooperatives to grow up to 50 plants and have up to 12 pounds of dried 
marijuana at    any one time.

However, shortly after the ordinance was approved, it became clear that the 
city's    zoning ordinance does not provide guidelines for regulating 
medical marijuana    cooperatives and outlets.

"We kind of backed into this trying to do the right thing," said City 
Manager Weldon    Rucker. "If we're not careful we're going to legitimize 
something we can't legitimize and    soon it could be 'anything goes.'"

While California Proposition 215 allows marijuana use for medical reasons 
it provides    no guidelines for the cultivation, distribution and 
transportation of the drug. Such    logistics are left up to counties and 
municipalities to work out.

This situation creates legal quandaries for local law makers because 
federal law still    prohibits the use of marijuana under any circumstance. 
The contradiction has left law    makers struggling to find ways to help 
patients who need medical marijuana while trying to dodge state and federal 
legal snags.

Currently the Supreme Court is considering a law suit involving Oakland's 
Cannabis    Buyers' Cooperative that tests the scope of Proposition 215. 
The cooperative was sued,    along with six others, by the U.S. Justice 
Department shortly after Proposition 215 was passed in 1996.

The Supreme Court is considering arguments and is expected to make a 
decision on the    case by August.

One question that the city manager will try to answer is, which city 
department will    oversee the inspection and permitting of the 
cooperatives. Councilmember Linda Maio    said she would like the Health 
and Human Services Department to supervise the cooperatives.

But Health and Human Services Department Director Fred Medrano said 
the    responsibility would mean a significant work increase for the 
already taxed health    department, and more importantly, his staff might 
be reluctant to take on the job.

"Essentially it would be asking a city department to carry out an illegal 
activity," he    said. "There would be a great deal of concern on staff's 
part, especially physicians who    are subject to medical license review."

Another thorny issue for the city manager to work through is what parts of 
town are    appropriate for the collectives. According to the Planning and 
Development Department,    there are as many as five cooperatives the city 
knows about.

A cooperative that recently opened on San Pablo Avenue near Addison Street 
has    raised neighbors' concerns. They say they were not informed 
beforehand that the club    would locate there and they question the 
professionalism the club's management.

Laurie Polster, who lives near the cooperative, said the collective brings 
an element of    uncertainty to the neighborhood. She said after the 
business opened up, she went to    another cooperative in Berkeley and was 
impressed with the clinic-like atmosphere of    the place.

She said the clinic that opened in her neighborhood is in a dilapidated 
building and the    only sign outside the cooperative reads "knock hard."

Polster said she supports medical marijuana but is worried about the 
cooperative being    the target of robberies. "These places have lots of 
cash and drugs around," she said.

The person who started the club at San Pablo and Addison, who asked to be 
identified    only as Michael, countered that the club had been operating 
only for two weeks. He said    another person, one with experience, was 
taking over its management. "Poor people    need the medicine," he said, 
arguing for its location in the low-income area.

Councilmember Kriss Worthington said one of the goals of the council 
recommendation    was to put both patients and neighbors at ease about the 
cooperatives.

"We care about the concerns of the patients and neighbors alike." he said. 
"The    cooperatives want to be sure the police are not going to raid them 
and the neighbors    want to be sure the cooperatives will be run in a 
reasonable, safe way."

The City Council could consider the urgency moratorium as early as next week.
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MAP posted-by: Beth