Pubdate: Thu, 12 Dec 2013
Source: San Jose Mercury News (CA)
Copyright: 2013 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Mike Rosenberg

POT CLUBS MAY BE FORCED TO MOVE

Council OKs Rules That Would Bar Shops Near Homes

SAN JOSE - City officials on Wednesday began the process of shutting 
down medical marijuana shops next to homes as part of strict new 
regulations to be rolled out next year.

A minute before midnight, the San Jose City Council late Tuesday 
ended an hours-long discussion and voted 8- 3 to support a package of 
pot shop laws that they expect to take a final vote on in March.

The regulations would limit the city's 82 medical marijuana 
dispensaries to operate in less than 1 percent of the city - mostly 
in the industrial northern tip of San Jose, away from homes, schools 
and drug rehab centers. Those new rules could take effect next spring 
or summer.

In the meantime, the council told city code officials to begin 
sending letters to pot shops situated next to homes, telling them 
that they are illegal and need to shut down, and expect all of those 
dispensaries to be closed within a month or two. Even though San Jose 
has no laws expressly banning pot shops, it has no laws allowing 
them, either - meaning city offi cials have the authority to shut 
them down. While the city has gone after clubs that drew complaints, 
it is now broadening enforcement.

The council's decision comes after complaints from youth groups, 
neighborhood leaders, schools and local government agencies who said 
kids are getting their marijuana from the pot shops. The Santa Clara 
County Public Defender's Office said drug-related suspensions were up 
243 percent at east San Jose schools since the pot shops began 
multiplying a few years ago.

Councilwoman Rose Herrera led the charge at the meeting to ban the 
pot shops altogether, but that effort failed by a 7- 4 vote, with 
only Councilmen Xavier Campos, Kansen Chu and Pete Constant joining Herrera.

On the other end were pot shop owners who have promised to once again 
gather signatures to put strict regulations on the ballot, as they 
did when council members tried passing new rules in 2011. They said 
the dispensaries create jobs, produce more than $ 5 million annually 
in tax revenue for the city and try to work with neighborhoods, and 
that it was wrong to blame the shop owners.

"What happened to parents taking responsibilities for their children 
and their children's actions?" Doug Chloupek, co-founder of the 
MedMar Healing Center pot shop in downtown San Jose.
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MAP posted-by: Jay Bergstrom