Pubdate: Tue, 06 May 2014
Source: Tribune, The (San Luis Obispo, CA)
Copyright: 2014 The Tribune
Contact:  http://www.sanluisobispo.com/
Details: http://www.mapinc.org/media/391

SLO CITY COUNCIL SHOULDN'T GO TOO FAR ON MEDICAL MARIJUANA REGULATIONS

Banning mobile dispensaries would be a hardship for those with a 
legitimate need

Residents of a San Luis Obispo neighborhood are outraged over the 
backyard cultivation of a dozen mature marijuana plants, which is 
allowed under the state's voter-approved Compassionate Use Act.

In response to concerns, the City Council is meeting this afternoon 
to consider a blanket ban on outdoor cultivation of marijuana. 
Limited indoor cultivation of medical marijuana would still be 
allowed under the city's proposed ordinance.

The city also is considering a ban on mobile marijuana dispensaries.

We agree there are valid reasons to further regulate outdoor 
cultivation: The pot has a pungent odor (hence the nickname 
"skunkweed"); outdoor grows can be a magnet for violent criminal 
activity; and there are loopholes in the law that permit cultivation 
on a larger scale than voters may have envisioned. For example, the 
law allows an individual with a medical marijuana prescription to 
cultivate as many as six plants, but in the case cited in San Luis 
Obispo, two people in the household had prescriptions, allowing up to 
12 plants. (The cultivation is now being done indoors.)

We believe the City Council should revisit its regulations.

However, we would hate to see one egregious case lead to a crackdown 
that would make it more difficult for sick people with legitimate 
needs to obtain medical marijuana.

Rather than banning outdoor cultivation altogether, the city could 
consider strictly limiting the total number of plants per household. 
If problems persist, then go with a total outdoor ban.

What's more concerning to us, though, is the city's proposed ban on 
mobile dispensaries.

San Luis Obispo County doesn't have a single "brick and mortar" 
dispensary, making mobile dispensaries a viable and - dare we say it? 
- - compassionate alternative for patients who would otherwise have to 
travel long distances to buy medical marijuana.

Granted, the city's proposed ordinance would still allow patients and 
their caretakers to grow their own plants indoors. But we believe 
it's asking a lot of those who are already dealing with, say, the 
rigors of chemotherapy to take on marijuana cultivation on top of 
doctors visits, lab tests, household chores, etc.

Rather than banning mobile dispensaries altogether, we urge the city 
to explore ways to better regulate them, such as by requiring 
business licenses and seller's permits.

That idea was raised in the 2011-12 county grand jury report on 
medical marijuana, which had this to say: "An unknown number of 
unregulated medical marijuana delivery services are active in both 
the cities and the unincorporated areas of the county. These delivery 
services 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. Well-defined governmental regulation and oversight 
would support health care providers and optimize patient safety and 
well-being by ensuring safe access to medical marijuana for those 
legally authorized, while limiting its diversion to recreational use."

Exactly.

We agree the Compassionate Use Act has opened the door to numerous 
abuses, but we cannot lose sight of the original intent of the law: 
to alleviate pain and suffering in those with legitimate medical needs.

Local agencies have a duty to them, as well as to residents of 
neighborhoods who don't want outdoor pot farms in their midst.

We believe a compromise can be achieved that would protect both 
groups. The city's proposed ordinance does not meet that goal.

We strongly urge the city of San Luis Obispo to continue to study 
this important issue and work on regulating mobile dispensaries, 
rather than banning them completely.
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MAP posted-by: Jay Bergstrom