Pubdate: Wed, 19 Oct 2005
Source: San Francisco Chronicle (CA)
Page: B - 1
Copyright: 2005 Hearst Communications Inc.
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Rachel Gordon, Chronicle Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SUPERVISORS POSTPONE VOTE ON POT CLUB LIMITS

Proposal Would Put Some Dispensaries Out of Business

The San Francisco Board of Supervisors is considering a crackdown on
medicinal pot clubs with proposed regulations that, if passed, would
force some existing shops to close.

The board tightened proposed regulations on the clubs Tuesday but
stopped short of adopting the new rules, which for the first time
would put the dispensaries under city purview.

Supervisor Ross Mirkarimi, who has taken the lead on the legislation,
walked into the board's weekly meeting thinking he could strike a deal
that could win majority support among his colleagues. But hours later,
after a series of amendments were adopted and rejected, the board
opted to delay a vote on the final proposal for a week.

"We plowed through a lot today, but we're not done sculpting what will
be an historic piece of legislation," said Mirkarimi.

Several operators of pot clubs complained that the proposed rules are
too restrictive and would put them out of business. And there are
those, primarily neighbors of some of the clubs, who are intent on
doing just that.

Still, Mirkarimi voiced optimism that regulations would be adopted,
and aides to Mayor Gavin Newsom, who supports medicinal marijuana but
called for city regulation of the dispensaries, said the proposal was
moving on the right track.

As now drafted, the proposed regulations would:

- -- Require medical marijuana clubs, including those already in
business, to obtain a permit to operate from the Department of Public
Health. The Planning Commission would hold a hearing on each request
as part of a discretionary review process, and could attach
conditions, such as hours of operation and good-neighbor policies, on
the permits.

In addition, the Fire Department and the Police Department would have
to sign off on the permits. The Planning Commission's decision could
be appealed to the city's Board of Appeals, a panel whose members are
appointed by the mayor and the Board of Supervisors.

Operators would have 18 months to apply for a permit. Supervisor Sean
Elsbernd's proposal to shorten the period to six months was rejected.

- -- Limit to half-pound a day the amount a person with an official
medical marijuana card -- which is issued to caregivers and patients
- -- could obtain from any one club a day. Mirkarimi originally proposed
limiting the amount to a pound, but relented at the request of the
mayor.

- -- Prohibit the medicinal cannabis dispensaries from operating within
500 feet of schools. The prohibition would be extended to 1,000 feet
for clubs that allow marijuana to be smoked on the premises. Clubs
also could not be located on the same parcel as a substance abuse
treatment program.

- -- Forbid operation of the clubs in residential areas. They still
would be allowed in certain commercial districts, such as those found
downtown and in segments of the Sunset, the Haight, the Richmond, the
Marina and the South of Market.

At the urging of Supervisor Sophie Maxwell, who represents
Bayview-Hunters Point and surrounding areas in the southeast sector,
the board agreed to ban the clubs in industrial areas, which are
located in her district. After that was done, Supervisor Chris Daly
won approval of an amendment to add portions of South of Market to the
no-club zone, fearing that the area he represents would be saturated.

- -- At the request of Supervisor Michela Alioto-Pier, require the clubs
to be wheelchair-accessible.

- -- Mandate that advertisements for the clubs highlight the fact that
only people with official medical marijuana identification cards can
buy from them.

City officials estimate that there are 35 medical pot clubs now
operating in San Francisco. The city has become a magnet for such
establishments as other cities and counties have cracked down. For
example, Alameda County sanctions only four clubs to operate within
its boundaries.

San Francisco's pending plan would not have a cap, but the
restrictions on location would surely dampen the number.

As the dispensaries began to proliferate in San Francisco -- the
number surpassed 40 at one point, more than any other city in the
United States -- they were opening in residential neighborhoods and
elsewhere without regulation. Some neighbors have complained that the
clubs mask illegal drug-dealing and cause quality-of-life nuisances
around the premises.

Newsom and the Board of Supervisors imposed a temporary moratorium on
new clubs in March until regulations are adopted. The moratorium is
set to expire next month.

Supervisor Tom Ammiano urged his colleagues to move forward, to make
sure medical marijuana will be available for people who need it. "It
makes me weary that we're nit-picking this issue," he said.

California voters approved a measure in 1996 permitting marijuana use
for medical purposes. More than 8,000 people hold city-issued medical
marijuana cards in the city. Federal authorities have held firm,
however, that medical marijuana clubs are operating in violation of
U.S. law.
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MAP posted-by: Richard Lake