Pubdate: Fri, 20 Aug 2010
Source: Bakersfield Californian, The (CA)
Copyright: 2010 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Author: James Burger
Bookmark: http://mapinc.org/topic/Dispensaries
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SUPERVISORS POISED TO FREEZE POT COLLECTIVES AMID PROLIFERATION

Supervisors will consider Tuesday freezing the number of new medical 
marijuana cooperatives in Kern County for at least 45 days while they 
consider whether to regulate the 22 that have exploded onto the scene 
in the past year.

In March 2009, supervisors repealed an ordinance that had limited the 
number of medical marijuana dispensaries allowed in Kern County to six.

None of them liked the decision. All worried it would bring more 
medical marijuana businesses, organized as collectives, to Kern County.

But they felt pressure on several fronts to act.

Growing business

There are 19 medical marijuana co-ops and collectives in the county 
areas of metropolitan Bakersfield. They are tucked into strip malls 
and shop buildings in east, south and northwest Bakersfield and in 
Oildale. Two more are in Lake Isabella; one sits in Mojave.

 From the outside most look nondescript, even abandoned. But subtle 
hints of green -- a cross, an arrow or the numbers of the street 
address -- bear subtle witness to what lies inside.

The Kern River Collective just south of Trout's on North Chester 
Avenue in Oildale has windows painted with beach scenes, looking more 
pet shop than pot shop.

But the small green crossed white flag atop the sand castle on a side 
window clues medical marijuana patients there is a pharmacy in the building.

Other cooperatives celebrate their presence.

The sign for California's Best Co-op, just a couple of blocks closer 
to the Kern River on North Chester, is visible from a distance and 
painted green crosses fill the two windows facing out onto Oildale's main drag.

New rules

Supervisor Mike Maggard asked county lawyers to investigate new 
regulation of cooperatives earlier this month.

All the supervisors worried, then, that eliminating the ordinance 
would open the door to a flood of new medical marijuana venues and 
bring crime to neighborhoods.

But federal officials had stopped raiding medical marijuana shops 
after President Barack Obama took office and guidelines established 
by the California Attorney General's office made it clear that 
non-profit collectives or cooperatives could distribute pot legally 
under state law. In addition, Kern County Sheriff Donny Youngblood 
refused to participate in an ordinance that required his office to 
permit medical marijuana operations.

"That put the board in a tough situation," Youngblood said.

So supervisors killed the ordinance.

Now, with 22 businesses operational, supervisors will rethink their decision.

Maggard said he is interested in limiting clusters of collectives -- 
four sit in a less than two-mile stretch of North Chester, bookending 
Standard Elementary and Middle schools. But there are many other 
rules on the table.

"It's appropriate for us to call for a moratorium on more 
(collectives)," he said.

Steve Esselman, who lives near two of the Oildale collectives, said 
he supports new rules.

"If they can't shut them down, perhaps they put a limit on how many 
there are in one area," he said. "Whether to legalize it or not, I 
don't really have an opinion. I'm just a guy who doesn't want his 
kids saturated by dispensaries when they ride down the street on 
their bicycles."

Inside story

Kern County Medicinal Collective is perched in a new strip of office 
space on Pegasus Drive amid radio stations and industrial businesses.

The lobby is clean and well-lit with an armed security guard and 
water, sodas and snacks for members.

Operation manager Jarrod Jarvis said the member-owned, non-profit 
business spent months talking to lawyers, Kern County sheriff's 
deputies and the Attorney General's office about the state's medical 
marijuana laws and the practical legalities of operating a collective 
before they opened their doors.

The collective hosted sheriff's narcotics team leaders for an 
hour-long inspection when they opened and keep an open-door policy 
with law enforcement.

Jarvis said the goal is to make sure there aren't grounds for 
officers to close the collective and arrest the employees.

"We're here to try and co-exist," he said.

Members grow the marijuana and it is only given to members who donate 
money to keep the business running.

Four staff members are paid for their work and the business can 
maintain only $50,000 in profit as an operating reserve.

Any other profit, Jarvis said, is given to charities in Kern County. 
So far Kern County Medicinal has donated 15,000 pounds of canned food 
to the Alliance Against Family Violence and nearly 1,000 toys to the 
Alliance and Mercy Hospital, he said.

Jarvis said they believe they are following the law.

But he and other collective employees and volunteers said they can 
never be sure they won't be targeted by a law enforcement raid.

"That could happen any day," he said. "I'm not up all night about it. 
If it happens it happens."

Larry Burch lost both of his legs in a motorcycle accident in October.

He has been prescribed traditional medicine for the pain he continues 
to suffer, but he said nothing is as good as marijuana.

"Society itself has always taught that marijuana is bad. It's not. 
It's the best thing going," he said.

Criminal matter

When the first cooperatives opened in Bakersfield after the repeal of 
the county ordinance, the Sheriff's Department raided the operators 
of California Compassionate Co-op and Green Cross Compassionate 
Co-op. Charges are still pending in Kern County Superior Court.

Law enforcement action triggered a backlash.

Attorney Phil Ganong has brought a civil rights lawsuit against Kern 
County on behalf of the members of California Compassionate, saying 
Kern County's sheriff is not allowed to ignore the state law that 
made medical marijuana legal just because he doesn't agree with it.

Sheriff Youngblood still believes that all the 22 cooperatives and 
collectives are illegal -- even under state law.

"To abide by the law you've got to be a non-profit, (have a) limited 
number of plants, limited amount of pot and a caregiver," he said. 
"When you start advertising, in my opinion, you are a dispensary. 
Dispensaries are illegal."

Deputy District Attorney Michael Yraceburn said the caregiver role is 
required by law.

A caregiver is, Yraceburn said, "someone who is intimately part of 
the medical care and housing of a person who has a recommendation 
(not prescribed) for the use of marijuana."

But California Attorney General Brown's opinion on California's 
medical marijuana law states that member groups can share medical 
marijuana within the collective as long as the organization is a non-profit.

"No way could a qualified patient designate a cooperative as a 
caregiver," Ganong said. But "there's no debate that a qualified 
caregiver can go to a cooperative to obtain medicine."

Final word

Supervisors will attempt to wade into the sticky legal situation Tuesday.

Ganong, far from disagreeing, believes a fair attempt at adding new 
rules will benefit everyone.

"We need to have a consortium of concerned interests to have a 
memorandum of understanding or some policy agreement so that 
cooperatives have some certainty," he said. "Let's sit together and 
have a meaningful conversation and come up with some regulations that 
make sense."

Jarvis, of Kern County Medicinal, said the moratorium on new 
collectives and cooperatives is definitely an action supervisors must take.

Los Angeles has limited the number of collectives and cooperatives 
allowed there, he said, and Kern County real estate offices are being 
flooded by calls from former L.A. operators looking for a new home in Kern.

"If the county doesn't put a set limitation on this -- a reasonable 
number -- this time next year there are going to be more than 150 
here," Jarvis said.
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MAP posted-by: Jay Bergstrom