Pubdate: Tue, 22 Sep 2009
Source: Long Beach Press-Telegram (CA)
Copyright: 2009 Los Angeles Newspaper Group
Contact:  http://www.presstelegram.com
Details: http://www.mapinc.org/media/244
Author: Paul Eakins, Staff Writer
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

COUNCIL DELVES INTO REGULATIONS FOR MEDICAL MARIJUANA

LONG BEACH - Trying to understand and navigate the legal issues 
surrounding medical marijuana is a lot like using the substance, a 
council committee learned Monday.

The laws can be confusing, dizzying and a bit numbing, particularly 
for city officials who want to regulate medical marijuana 
dispensaries, collectives and cooperatives.

"In adopting these laws, California did not legalize medical 
marijuana but instead exercised the state's reserved powers to not 
punish certain marijuana offenses," Deputy City Attorney Cristyl 
Meyers told the committee.

Councilwoman Rae Gabelich replied: "So Cristyl, would you agree that 
there is a legal road for us to identify and regulate these co-ops, 
collectives, dispensaries ... within the city of Long Beach?"

Meyers said she could give "a qualified yes" for collectives and 
cooperatives, which function as a resource for patients and 
caregivers and aren't supposed to distribute to the public.

Cooperatives must file articles of incorporation with the state, and 
collectives can cultivate marijuana but can't procure it from outside 
vendors, Meyers added.

Dispensaries, on the other hand, are typically illegal, she said.

City Prosecutor Tom Reeves told the committee that regulating 
dispensaries, collectives and cooperatives requires "really careful study."

"Assuming they can operate lawfully, regulating them is a significant 
challenge," Reeves said.

The organizations are considered caregivers for patients, who receive 
recommendations - not prescriptions - from doctors to use medical 
marijuana, he said. Doctors and their patients have confidentiality 
under the law, while the law isn't clear on what kind of 
confidentiality caregivers have, Reeves said.

So, determining if patients are abusing the system would be difficult, he said.

Both he and Meyers said that they attended a summit last week held by 
District Attorney Steve Cooley, at which the message was that 
dispensaries are illegal and will be prosecuted.

Ultimately, he said, that means Long Beach can't or shouldn't try to 
regulate them.

"Over-the-counter sales are illegal," Reeves said.

That didn't put the committee any closer to a solution.

"So you're not helping us any," Councilwoman Tonia Reyes Uranga said.

"I'm helping you a great deal," Reeves said. "I just told you that 
you can't regulate illegal businesses."

Throughout the meeting, the committee discussed ideas such as having 
the Health Department inspect the pot dispensaries, which distribute 
marijuana-filled food, and regulating the operations in a way similar 
to liquor stores or adult businesses by placing limits on where they can open.

Even limiting their locations created concern among committee 
members, who said such a move would create a negative connotation for 
organizations that ideally are helping the sick.

Members of the public spoke on both sides of the issue.

Constantine Haramis was among a group of residents who live near 
Fourth Street and Alamitos Avenue that said they had seen unsavory 
activity and people who didn't appear infirm at nearby marijuana dispensaries.

"It's an issue of safety, and that is the thing we haven't heard 
about," Haramis said.

A medical marijuana patient who didn't want his name used said that 
one can't always tell who is sick or legitimately needs medical 
marijuana based on a person's appearance.

He and other medical marijuana supporters agreed that regulations are 
a good idea, but that the cooperatives and collectives are necessary.

"This is a resource for sick people," he said.

The committee didn't find a solution after two hours of discussion, 
and will continue vetting the issue at a future meeting.
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MAP posted-by: Richard Lake