Plan would scatter area's marijuana clinics in Alameda County

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Plan would scatter area's marijuana clinics
County proposal also more closely regulates medical pot operations
Hayward Review, Feb 25, 2005

By Karen Holzmeister, STAFF WRITER

Coming soon - maybe - to a community near you: medical marijuana clinics.

After four months of study, Alameda County this week unveiled a plan
to spread marijuana dispensaries throughout unincorporated areas and
to tightly regulate their operations.

The proposed ordinance would eliminate at least two of the seven
existing medical marijuana clubs, clustered in Ashland and
Cherryland, that have remained open since October, when county
supervisors slapped a temporary ban on new clubs in unincorporated
areas.

The moratorium, already extended once, expires Monday. Supervisors
will meet Monday to extend it once again - perhaps through the end of
the year - while the new proposal is reviewed.

County leaders and local residents were split over the changes,
while the owner of one marijuana-sales outlet saw pros and cons.

"I'm glad the county came up with the ordinance, so we can try to
put this behind us," said Tony Cassini, partner at We Are Hemp
dispensary in Cherryland. "I agree with being spread out because
being close doesn't benefit any of us. But I worry about the
patients, everywhere around us, and how something like this will
affect people who have to walk (to buy their marijuana)."

The county ordinance would limit marijuana sales to five locations,
where individuals or organizations selling cannabis would compete for
avail-able permits. Ashland, Castro Valley, Cherryland and San
Lorenzo each would have one sales site.

The last locale would be somewhere in a lineal slice of Foothill
Boulevard, traveling north to south, and encompassing Hillcrest
Knolls, Fairmont, Fairmont Terrace, El Portal Ridge, and slivers
of Ashland and Castro Valley.

A permit for each location would be issued for two years, with the
county sheriff's department taking the lead in investigating
applicants, regulating ongoing operations and issuing permit renewals.

While current club operators would get first crack at staying in
business, possibly at a different location, none would be guaranteed
one of the permits.

"When it comes to medical marijuana dispensaries, this is a good
approach to regulating them," said county Supervisor Nate Miley,
whose fourth supervisorial district cuts through several
unincorporated communities.

He pledged that the quality of life in each community would not
suffer with the addition of such a business, adding that people who
use marijuana as medicine need to be able to buy it near where they
live.

The ordinance limits dispensaries to business or commercial
districts. Dispensaries also must be at least 1,000 feet away from
each other and 600 feet away from schools, parks or playgrounds.

Five clinics are too many for the unincorporated area, which spans
10 large and small communities in the vicinity of Hayward, Kathie
Ready of San Lorenzo said. She questioned whether clinics adequately
check the identities or prescriptions of people who want to buy
marijuana.

"I voted for Proposition 215 (which allows medical marijuana sales
with doctors' orders) for people who are ill, not people who see an
ad in the newspapers for potdoc.com and get a prescription," she
explained.

By comparison, Oakland has four marijuana sales outlets and Hayward
has two, although one is operating outside of city purview.

County Counsel Richard Winnie, who developed the ordinance along
with other county administrators, said dispensaries are spread along
geographical and population lines.

More than 130,000 people live in these unincorporated areas.

He also described the 20-page document as "comprehensive." It
outlines how applications would be reviewed, what information would
have to be provided by applicants, criteria on which permits would be
issued or rejected and operating rules.

If areas had more eligible applicants than permits available, a
drawing could be held. Clinics would not be allowed to grow marijuana
on the premises and would be limited to 20 pounds of marijuana
on-site at any one time. The proposed ordinance also sets out
guidelines for suspending or revoking permits.

Supervisors will meet at 1 p.m. Monday at the County Administration
Building, 1221 Oak St., fifth floor, Oakland, to extend the ban on
new medical marijuana clinics. The medical marijuana sales ordinance
will be discussed at 6:30 p.m. March 23 at the county's
Unincorporated Services Committee, 377 Paseo Grande, San Lorenzo.

Karen Holzmeister covers Castro Valley, the Hayward Area Recreation
and Park District, and county government for unincorporated areas.
Call her at (510) 293-2478 or e-mail
kholzmeister [at] dailyreviewonline.com.

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