Pubdate: Thu, 22 Dec 2005
Source: Oakland Tribune, The (CA)
Copyright: 2005 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Heather MacDonald, Staff Writer
Cited: California NORML http://www.canorml.org
Related: Community Audits and Initiatives Project http://www.drugsense.org/caip
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

CITY: PRIVATE POT SALES NOT ALLOWED

Council Says Letting Clubs Peddle Marijuana Would Invite Fed Crackdown

OAKLAND -- Measure Z, which made private, adult use of cannabis the 
Police Department's lowest law enforcement priority, does not allow 
commercial sales of the drug at private clubs, the City Council 
decided Tuesday.

Brimming with outrage, more than a dozen supporters of the measure -- 
passed with 65.2 percent of the vote in November 2004 -- accused 
council members of thwarting the will of the voters by narrowing the 
measure's scope.

But a majority of the council decided allowing private clubs to sell 
cannabis to adults would threaten the city's medical marijuana 
dispensaries by inviting the federal government to crack down on Oakland.

"It would be an enforcement nightmare," said Councilmember Jean Quan 
(Montclair-Laurel).

Councilmembers Nancy Nadel (Downtown-West Oakland) and Desley Brooks 
(Eastmont-Seminary) voted no, and Vice Mayor Jane Brunner (North 
Oakland) abstained.

Nadel and Brooks said they favored referring the matter to the 
Measure Z oversight committee to craft a definition of private 
marijuana use, cultivation, sale, possession and distribution under 
the ordinance.

"We have to have facilities where adults can use cannabis like they 
can drink cocktails and smoke cigars elsewhere in the city of 
Oakland," said Dale Gieringer of California NORMAL.

Richard Lee, the owner of SR 71, one of the city's medical marijuana 
dispensaries, said private clubs have been operating since the 
passage of Measure Z.

"Work with us," Lee said.

Measure Z also requires the city to lobby the state to legalize adult 
possession, cultivation, distribution and use of marijuana and set up 
a system to tax and regulate the sale of the drug if it is 
decriminalized. City Attorney John Russo has ruled those provisions 
unenforceable.

The 11-member oversight committee finally has enough members to meet, 
14 months after the election.

Councilmember Larry Reid (Elmhurst-East Oakland) and Quan have not 
made their appointments, City Clerk LaTonda Simmons said.

Susan Stephenson of the Oakland Civil Liberties Alliance said she is 
eager for the committee to start work and compile data from the 
Oakland Police Department to determine whether marijuana-related 
arrests have declined under Measure Z.

"We're weighing our options," Stephenson said.

The council also directed City Administrator Deborah Edgerly to 
expedite any requests for two unused medical marijuana dispensary 
permits. Two of the four clubs permitted in Oakland were recently 
closed down for a variety of code violations, Edgerly said. 
- ---
MAP posted-by: Richard Lake