Pubdate: Fri, 26 Oct 2007
Source: Santa Monica Daily Press (CA)
Copyright: 2007 Santa Monica Daily Press
Contact:  http://www.smdp.com
Details: http://www.mapinc.org/media/4159
Author: Kevin Herrera, Daily Press Staff Writer,  http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?161 (Cannabis - Regulation)

STILL NOT SMOKING

City Hall Accused Of Dragging Feet On Medicinal Marijuana

CITYWIDE Word spread quickly about the Herb King on  Main Street and 
the owner's recent decision to dispense  medical marijuana. So 
quickly, in fact, that the  midnight tokers barely had enough time to 
exhale before  City Hall put a chokehold on the herbalist, 
effectively chasing it out of town.

While medical marijuana dispensaries are allowed under  state law and 
have sprouted up all over Southern  California, city officials have 
not allowed them to set  up shop in Santa Monica.

That could change following a recent report by city  planners 
outlining several ways in which the operations  could be regulated to 
cut down on their impact on the  community.

Dispensaries offering marijuana to qualified patients  could be 
forced to apply for a conditional use permit  that would limit their 
hours of operation and place  other restrictions on the owner. The 
City Council could  limit dispensaries to certain areas of the city 
that  are at least 1,000 feet away from schools, parks,  religious 
centers and day care facilities.

"Every community is different (in how they choose to  regulate 
dispensaries) and every community is unique  when it comes to their 
tolerance level," said Jing Yeo,  a senior city planner who looked at 
the ways in which  26 cities and eight counties regulate medical  marijuana.

PLANTING THE SEED

Allowing medical marijuana dispensaries became an issue  for Santa 
Monica in February, when entrepreneur Nathan  Hamilton asked the 
council to allow him to open up shop  on the 2200 block of Main 
Street. Hamilton, who now  operates a dispensary in Tarzana, said 
there is a  strong need for a dispensary in the city, citing 
at  least 50 patients at his Tarzana facility who are Santa  Monica 
residents and would much rather go to a location  closer to home.

When Hamilton made his request, there were no zoning  codes covering 
dispensaries, which makes them a  prohibited use in Santa Monica. The 
council instructed  city staff to look into the issue and study how 
other  governing bodies have handled it.

Since then, Herb King began to distribute medical  marijuana, 
furthering the need for an official  response. Representatives from 
Herb King did not return  phone calls seeking comment.

While the federal government considers smoking and  possessing pot 
illegal -- cracking down on dispensaries  and cannabis clubs -- 
medical marijuana is permitted  under the state's Compassionate Use 
Act, which was  approved by voters in 1996. The law, in part, made 
legal the use of marijuana for medical purposes to  qualified 
patients and their caregivers.

The law was further enhanced by SB 420, which went into  effect in 
January 2004 and created a state-approved  medical marijuana ID card 
program. The law established  guidelines as to how much marijuana a 
patient or  caregiver can possess and provided 
additional  protections from state marijuana laws, 
including  possession, transportation, distribution, importation  and 
maintaining a place for selling, giving away or  using a controlled substance.

Furthermore, the law authorizes patients with IDs to  associate with 
one another in order to collectively or  cooperatively cultivate 
medical marijuana.

YOU GOT THE MONEY? YOU GOT THE STUFF?

Hamilton said his Santa Monica dispensary would operate  much like a 
collective, in that it would be a nonprofit  dedicated solely to the 
health of its members and not  the wallets of its investors.

Patients would enter the dispensary, which would be  guarded and 
protected, and choose from a selection of  buds, paying only a 
suggested donation. The money would  then go back to the growers to 
help them continue  cultivating the medicine. As the manager, 
Hamilton would receive a salary.

It is better to operate in that fashion because it cuts  down on 
greed, which distorts the true nature of  dispensaries, Hamilton 
said. It also cuts down on the  illegal drug dealers and gangs who 
are trying to take  over the market.

When businesses like Herb King sell pot without a  permit, it makes 
other dispensaries look bad and makes  it more difficult for those 
who are legit to get cities  like Santa Monica to let them in, said 
Hamilton, who  said he was angered by Herb King's move and frustrated 
by how long it has taken city staff to issue their  report on the issue.

"I wish they would stop lagging," said Hamilton, who  said he has 
spent roughly $40,000 for the lease to his  Main Street location, 
which sits empty. "I've been  holding onto this lease in hopes that 
they would make a  decision, but all they've done is kind of shine me 
on  for the past year.

"I was basically told that the council doesn't find  this subject to 
be important enough to put on the  agenda ... I tried that (Tuesday)."

Mayor Richard Bloom, who helps set the council agendas,  said that 
the regulation of dispensaries won't likely  be discussed any time 
soon, however, that could change  if one of his colleagues, or city 
staff, chooses to  discuss it.

Bloom said he is not in favor of placing a dispensary  in Santa 
Monica, given the concerns expressed by Santa  Monica Police Chief 
Timothy Jackman, and the fact that  there are 17 dispensaries located 
within a 5-mile  radius of the city, and an additional 33 within a 
10-mile radius.

"I don't think there is an issue of necessity that  would make us 
change existing zoning law to allow this  use," Bloom said. "I'm 
sorry, but I don't feel bad  knowing that people have to drive a 
couple of miles to  access this kind of business."

BUZZKILL: THE POLICE POSITION

In the report to council, Jackman listed several  concerns, one being 
possible raids by the federal  government. Jackman said the DEA is 
increasing its  efforts to shut down dispensaries and has conducted 
several raids in Los Angeles and West Hollywood. The  raids have 
often been conducted without notification to  local law enforcement.

Other concerns expressed by the police chief had to do  with 
secondary effects, such as how patients are paying  for the cannabis 
and any potentially illegal activities  they may resort to if unable 
to pay for the marijuana.

Jackman also had concerns about the transportation of  the marijuana 
from the growers to the dispensary, and  about the profitability of 
such businesses. If they see  sales drop, would the dispensaries sell 
illegal drugs  to make ends meet?

Other police departments have expressed concerns about  a criminal 
element being drawn to dispensaries,  resulting in street dealers 
trying to sell buds at  lower prices. There are also those who worry 
about  burglary attempts on dispensaries.

Bloom said another thing to consider is the impact  these businesses 
would have on pedestrians and the  experience Santa Monica is trying to create.

"I think this really flies in the face of the  pedestrian friendly 
atmosphere we are seeking," Bloom  said. "These dispensaries have 
high security, covered  windows, and on top of that, you have a 
situation where  the federal government is looking to raid 
these  businesses. I don't think that is a positive thing for  the community."

Supporters of dispensaries say they are providing a  valuable public 
service, helping patients who are  suffering from HIV/AIDS, cancer 
and other ailments.  They said properly run dispensaries pose no 
serious risk to public safety and have safeguards in place.

At Hamilton's Tarzana facility, which city planners  visited, 
patients are required to fill out a  registration form showing 
evidence of a physician's  recommendation and designating the 
dispensary to be their primary caregiver. A supplemental form 
requires  that the patient agree to not re-sell the medical  cannabis 
and not to loiter around the dispensary.

Due to the number of burglaries that have occurred at  dispensaries, 
the waiting room was separated from the  consultation area by 
bulletproof glass and doors, city  staff said.

The dispensary operates similar to a medical office  with a file for 
each patient detailing dosage history.  Hamilton said that he 
monitors the dosage for each  patient and that no more than one ounce 
of marijuana is  permitted per visit, unless the patient has a 
physician's exemption.

The pot is displayed within a glass case in jars or  packaged ready 
for purchase, such as with edible  brownies, muffins or cookies. None 
of the products were  grown on-site and extra inventory was stored in 
a safe.  Smoking or eating the cannabis was not permitted on  site.

Hamilton is holding out hope that a Councilmember will  agendize the 
issue so that he can have a fair shot at  convincing elected 
officials that allowing dispensaries  is better than doing nothing 
because more groups will  try to penetrate and operate under the 
radar, creating an unsafe situation.

The tolerance seems to be there, judging from the last  election, in 
which 65 percent of Santa Monica voters  agreed to make private, 
adult marijuana use the lowest  law enforcement priority for the 
police department.  Measure Y also requires the council to monitor 
any complaints, and the city clerk to send annual notice of  the 
priority to federal and state representatives.

"The people want it, so why can't they move forward on  this issue?" 
Hamilton asked. "I have patients calling  me every day who are waiting."
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