Pubdate: Wed, 08 Feb 2012
Source: Orange County Register, The (CA)
Copyright: 2012 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Author: Ron Gonzales

MEDICAL MARIJUANA PROPONENTS SEEK SANTA ANA BALLOT MEASURE

Filing of documents kicks off a process that could lead to a measure 
allowing medical marijuana dispensaries with certain restrictions.

SANTA ANA - Proponents of medical marijuana want to place on the 
November ballot in Santa Ana an initiative to allow medical marijuana 
dispensaries to operate in the city.

A group called the Committee to Support Medical Marijuana Ballot 
Initiative on Tuesday turned in to the city clerk's office documents 
to circulate a petition in support of the initiative, which 
proponents say would be the first of its kind in California.

The initiative would, said Kandice Hawes, allow dispensaries to 
operate under certain guidelines, for instance, limiting hours to 9 
a.m. to 9 p.m., forbidding loitering and smoking on the premises, and 
restricting patients to 21 and older, unless there's a parent or 
guardian. She said the guidelines were worked out after proponents 
met with police to learn about resident complaints. It also calls for 
an additional 2 percent sales tax to benefit the city's general fund.

"We feel that people do want medical marijuana collectives," Hawes 
said. "They want them to be controlled and safe, and they want the 
participation of the city and the police departments. Also, the 
medical marijuana collectives want to do things the right way, and 
that's why we're moving forward with the initiative so they can 
operate like any other business in Santa Ana, so that cannabis 
doesn't end up on the street or in the hands of gang members. If they 
close those collectives, that's what's going to happen."

The measure would allow 20 businesses that support the rules to 
operate, a number she says is appropriate for a city the size of 
Santa Ana, but allows for more. Hawes said that police officials have 
told her that 62 dispensaries operate in the city.

Hawes said that if something isn't done to halt city efforts to close 
dispensaries, they could be gone within a year. She said that in the 
past four months, nine dispensaries have closed as a result of city 
enforcement efforts.

In 2007, the City Council passed a measure that outlaws storefront 
medical-marijuana dispensaries, but left the door open for hospitals 
and other state-licensed care centers to provide the drug.

Residents, nonetheless, have complained about a proliferation of 
marijuana dispensaries, especially along 17th Street. Enforcement of 
the ordinance is handled by the city's code enforcement staff. 
Persistent violators are referred for possible civil or criminal litigation.

The proposed measure would limit collectives to certain commercial 
and industrial zones, and only allow those operating before Dec. 31 
to continue. They would be limited to locations at least 600 feet 
from public schools and parks.

Jay Trevino, executive director of the city's Planning & Building 
Agency, which handles code enforcement, declined to comment until he 
had time to research recent enforcement efforts and review the 
proposed measure.

In an interview last year, Trevino said that the agency first issues 
administrative citations, rather than taking every dispensary to 
court. He said that results in quicker compliance.

"Our experience is that landlords are often unaware of the real 
nature of the business who rented their building  and when they find 
out after getting an administrative citation from the city  will 
frequently ask the tenants to leave," Trevino said in a story 
published last November. Often, though, dispensaries will reopen at 
another location.

California voters in 1996 passed Proposition 215, which legalized the 
use of marijuana for medical purposes through community collectives. 
It is still illegal to possess, cultivate or use marijuana for 
recreational use. Possession or use of any type of marijuana  medical 
or otherwise  is illegal under federal law. Cities across Orange 
County have been grappling with the issue for years. Just last month, 
the Garden Grove City Council voted to suspend the registration of 
medical marijuana dispensaries because of recent court cases, as well 
as a federal crackdown on California's marijuana clinics.

Hawes said that the initiative, if approved, wouldn't prevent federal 
enforcement efforts.

"City officials will not be required to violate any federal criminal 
statute," the language says, adding in another section that city 
officials are forbidden "from cooperating with Federal Officials with 
an intention of interfering with the operation of the 
cooperatives/collectives listed in this Initiative."

"As it is, if the feds come in, there's nothing the dispensaries can 
do," Hawes said. "That's a risk that they are taking. We think it's 
important for voters to decide if they want medical marijuana in the 
community. We're hopeful that the city won't call on the feds, and 
trust the voters to make their decision."

Hawes is executive director of Orange County NORML (National 
Organization for the Reform of Marijuana Laws) and is working on the 
effort with Marla James, director of Orange County Americans for Safe 
Access. Hawes said a PAC has been set up for the initiative, which is 
separate from her organization. She estimates the campaign would cost 
less than $40,000, given the resources, such as office space and 
equipment, that medical marijuana collectives have volunteered.

Following Tuesday's filing of intent to circulate a petition, city 
officials have 15 days to provide a ballot title and summary.

Proponents would then begin gathering the nearly 5,000 signatures 
needed to place the measure on the ballot, Hawes said.
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MAP posted-by: Jay Bergstrom