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SANTA CLARA VS.  MEDICAL MARIJUANA : PART 3

While the City of Santa Clara continues fining Angel's Care Collective for zoning violations, and a preliminary injunction hearing is slated for January 24 ( after press time ), Angel's Care has filed an initiative petition to regulate and allow medical marijuana dispensaries in the City.

Angel's Care Files an Initiative to Adopt an Ordinance Permitting Medical Marijuana Dispensaries in Santa Clara

Angel's Care recently filed an initiative that would add Chapter 5.46, entitled 'Medical Marijuana,' to the City Code of the City of Santa Clara.  It "would allow medical marijuana dispensaries to operate in the commercial, agricultural and light industrial zoning districts of the City without permit and would allow dispensaries in all other non-residential district[s] within 1,000 feet of an existing retail use." The initiative's purpose is "implementing the Compassionate Use Act of 1996 and the Medical marijuana Program Act."

The initiative states that the "City of Santa Clara should implement a plan to provide for and regulate the safe distribution of marijuana to all patients in medical need of marijuana within the City of Santa Clara as directed by the Companionate Use Act of 1996," adding "the safe and lawful distribution of medical marijuana reduces crime and allows for law enforcement resources to be more efficiently implemented, and that the inhibition of allowing for reasonable and safe access to marijuana for medical purposes within the City of Santa Clara at once fosters a black market in marijuana and prevents medical treatment."

The initiative would establish standards for medical marijuana dispensaries including requiring dispensaries to meet the criteria required by the State Medical Marijuana Program Act.  In addition, all marijuana sold or distributed would be required to be grown, manufactured or processed in California.  The initiative boasts a number of other regulations, including the amount of marijuana that can be dispensed per patient per visit, and regulations regarding age, location, and security requirements.

The initiative also states that the City Council could "limit the number of dispensaries within the City to not less than three nor more than five dispensaries."

It's unknown as of press time when petitions will begin circulating for signatures.

Angel's Care in the Community

According to Executive Director Douglas Carter, above sales taxes, Angel's Care is donating two percent of its annual gross to the city of Santa Clara "to use as they see fit and another two percent to Stanford Medical Center to use as they feel fit."

Having donated thousands to Stanford Children's Hospital and supported many local organizations, Angel's Care believes it is an asset to the community.

Angel's Care stepped up to sponsor Santa Clara native Jimmy Corwin's racing career something no other business would do.  Corwin states the door had been shut on him by dozens of businesses prior to finally receiving sponsorship from Carter.

"We want to prove to the world that a medical cannabis collective is an asset in any community and economic structure," states Carter.

Santa Clara County Raids Angel's Care

Agents from the Santa Clara County Special Enforcement Team raided Angel's Care Collective on Friday, October 15, 2010, seizing an estimated 100 pounds of marijuana and freezers full of marijuana edibles such as cookies, candy, and drinks, stating that Angel's Care was suspected of making illegal profits.  State law mandates that medical marijuana dispensaries be nonprofit.  It's not clear what evidence agents had to suspect Angel's Care was making money.

Next In Part 4: More details on the Medical Marijuana Initiative, Update on Injunction Hearing & Are There Other Dispensaries Secretly Operating in the City