Pubdate: Sat, 07 Jul 2012
Source: Santa Maria Times (CA)
Copyright: 2012 Lee Central Coast Newspapers
Contact: http://www.santamariatimes.com/app/submit-letter/
Website: http://www.santamariatimes.com/
Details: http://www.mapinc.org/media/396

GRAND JURY CALLS FOR BETTER REGULATION OF MEDICAL MARIJUANA

San Luis Obispo County should convene a committee to develop a "fair
and viable" ordinance governing so-called brick-and-mortar medical
marijuana dispensaries, a recent grand jury report said.

The report, issued June 28, also recommends that the county and its
cities develop ordinances governing medical marijuana mobile delivery
services, which presently operate virtually without regulation.

Grand jurors also said the County Health Department should consider
developing standards for edible medical marijuana sold within the county.

The report specifically states that it should not be construed as
advocating the use of medical marijuana. Instead, the findings are
designed to inform the public and government officials.

Grand jurors admitted that the federal, state and local laws are
conflicting, confusing and ineffective, which makes it frustrating and
difficult to enforce the laws.

But they also said "local governments have the ability to create order
amid the current chaos through regulation and oversight."

"Safe access for authorized medical marijuana patients, and regulation
is the key," the report said. "Codes and ordinances could place
specific, reviewable, measurable and enforceable conditions on
dispensaries, as well as delivery services."

Specific codes and regulations would also prevent medical marijuana
from being diverted to those who abuse it, the report said.

Other recommendations call for the county and cities to require that
medical marijuana delivery services obtain business licenses and
sellers permits as well as keep accurate records.

The report said the county and cities should use the licenses and
permits to develop lists of marijuana delivery services operating
within their jurisdictions.

The county and its cities have until Sept. 24 to respond to the
findings and recommendations in the report. Health Department
officials have until Aug. 27 to respond.

Grand jurors concluded that the county must develop more specific
ordinances because medical marijuana regulation is currently
"subjective and inconsistent."

Although three applications have been processed for dispensaries in
the unincorporated areas of the county, all three have been denied,
grand jurors noted.

A minor-use permit for one dispensary proposed for Nipomo was denied
by the Planning Commission in 2010.

Commissioners approved a permit for another dispensary proposed for
Oceano in 2011, but that decision was reversed on appeal this year by
the Board of Supervisors.

But what's worse, the grand jury report said, an unknown number of
marijuana delivery services - possibly as many as 40 - are operating
within the county and its cities.

Because the delivery services are unregulated, they "have created a
'gray' market that local government is ignoring."

"As a result, safe access for those legally authorized for medical
marijuana use is not ensured, thereby placing the safety of the
community at risk," the report said.

Grand jurors said more regulation will likely be costly but noted that
the costs could be recovered.

They noted that Oakland taxes medical marijuana and collected $1.4
million in business taxes from dispensaries in 2011.
- ---
MAP posted-by: Matt