Chris Daly's views on Medical Marijuana Dispensaries in SF (update)

You guys are almost always right on.

But on the medical marijuana debate, you were
completely wrong on my position.

Here's the blog (entry) I posted about it on Sunday.

Solidarity,
Chris

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The Daly Blog - October 23, 2005

Medical Marijuana Mishaps

On Tuesday the Board of Supervisors will revisit Ross
Mirkarimi's well-intentioned, but fundamentally
flawed, legislation that (as currently drafted) would
close at least 14 medical cannabis dispensaries and
permanently ban new dispensaries across most of San
Francisco.

If you've ever seen a law so messed up that you
wondered who could write such a thing, you should
watch a replay of Tuesday's Board of Supervisors
meeting. While Mirkarimi's legislation, as amended in
committee, would've closed 12 dispensaries and limited
new clubs mostly to the Bayview and South of Market,
Gavin Newsom pushed even more restrictions asking for
Conditional Use hearings for all medical cannabis
dispensaries and a reduction in the amount of medicine
patients or caregivers could possess. Instead of
consolidating his progressive base and fighting back
against this reactionary push, Mirkarimi cut a deal
and offered mandatory Discretionary Review and cut in
half the amount of medicine patients can possess. But
when you deal with the Devil, it usually comes back to
bite you. That's just what happened this week in the
3.5 hour item. Even with these ill-advised
compromises, Mirkarimi still was unable to secure
support.

I believe in medical cannabis and will not vote for
legislation that zones any dispensaries out of
existence. Early in the debate, I made a motion to
remove the Planning Code sections of the legislation
(the zoning and proximity restrictions which would
both close existing clubs and prevent new ones across
most of the City). This motion failed 9-2 with only
Sophie Maxwell supporting my position. I indicated
that I would not be voting in favor of this part of
the legislation (any member can divide the question
into smaller parts). Then I made a series of motions,
including one to delete the record-keeping requirement
that could be used by Federal officials to prosecute
dispensaries, that failed for a lack of second.

Later in the meeting Sophie Maxwell made a motion to
draw out most of the area in the Bayview still open to
dispensaries in the legislation. Although I empathized
with Maxwell's situation, I spoke against the motion.
I feared this would have the effect of pushing even
more of the dispensaries to the already saturated
South of Market neighborhood. (10 of the 33 operating
dispensaries are in SOMA, Mid-Market, or
Duboce/Mission.) When Maxwell's motion carried, I felt
the necessity to make a motion to take SOMA zones off
the table as well. This amendment affects 2
dispensaries. I have made it clear, however, that I
continue to oppose all of the zoning regulations that
affect any existing or future dispensaries including
those in the South of Market. To this end I will be
offering an amendment to grandfather all existing
dispensaries

If passed in its current form, at least 14 of 33
dispensaries would close (5 in District 6) and another
11 would not be able to allow smoking on site (7 in
District 6). If progressive members of the Board join
me Tuesday to ensure patients have safe access to
medical cannabis, no clubs would be closed.