Pubdate: Wed, 31 Mar 2010
Source: San Jose Mercury News (CA)
Copyright: 2010 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Brooke Donald Associated Press Writer

SAN JOSE VOTES TO PURSUE MEDICAL POT REGULATIONS

SAN JOSE, Calif.-The San Jose City Council on Tuesday approved drawing up 
guidelines for the operation of medical marijuana collectives as a way to 
regulate the businesses and possibly bring in much-needed revenue to the 
nation's 10th largest city.

After more than two hours of debate, city leaders voted to draft an 
ordinance that would likely limit the number of pot clubs, control where 
they operate and tax them.

"The only way to ensure medical marijuana collectives follow the rules is 
to regulate them, and I can't say we're doing that today," said councilman 
Pierliugi Oliverio, who introduced the motion.

Dozens of residents, medical marijuana patients and collective operators 
testified in favor of regulation-many wanting to ensure they are located 
away from schools and neighborhoods and taxed as legitimate businesses.

"Our desire is to be good citizens, to pay our taxes and play by the 
rules," said Steve DeAngelo, operator of the Harborside collective, which 
is part of a group of 16 collectives that recently formed a coalition to 
advocate for increased oversight.

Only a handful of people spoke against the proposal-most of them opposed to 
the general use of marijuana.

Others urged the council to declare a moratorium, worried about possible 
proliferation of marijuana clubs.

Oliverio also wanted a moratorium on collectives until the council could 
draw up the regulations but the issue was withdrawn for now over legal
concerns.

In 1996, California voters approved a measure that allowed sick people to 
use marijuana if they have doctor referrals and an identification card. The 
federal government considers marijuana use illegal, but Attorney General 
Eric Holder has signaled looser federal guidelines that simply instruct 
federal prosecutors to avoid prosecution when dispensaries comply with 
state medical marijuana laws.

Local governments have been looking for ways to deal with a surge in 
medical marijuana dispensaries. Some communities have chosen to try to 
regulate, while others are trying to ban the drug altogether.

San Jose Mayor Chuck Reed had wanted to wait to do anything about the 
growing number of collectives until November, when California voters will 
decide on a measure legalizing the recreational use of the drug. But on 
Tuesday, he supported regulation after some modifications were made 
regarding taxes and the location of collectives.

"This is not opening the door," he cautioned. "We're trying to implement 
state law in a way that makes it possible to control what's in our city."
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MAP posted-by: Jo-D