Alameda County Approves MMJ Dispensary Ordinance

OAKLAND, June 7th. The Alameda County Board of Supervisors
unanimously approved an ordinance to regulate cannabis dispensaries
in the unincorporated part of the county.
The Board accepted an amendment by Sup. Alice Lai-Bitker to lower
the number of dispensaries from five to three. Sup. Lai-Bitker
explained that the limit was similar to that in other neighboring
towns with similar populations, notably Hayward and Berkeley. Sup.
Steele said she supported a lower limit because "we have far too many
people abusing" the current situation. Sup. Miley, who had
initially favored a limit of five, agreed to the lower limit on the
understanding that the number might be revised when the Board reviews
the ordinance in six months.
The dispensaries are to be allocated one apiece in each of three
neighborhoods: Castro Valley, San Lorenzo, and Cherryland-Ashland.
After some discussion, the Supervisors agreed to a provision that
would allow on-site vaporization of cannabis upon written approval of
the county Health Officer. The Health Officer testified in support
of the provision, saying that he was persuaded of the health benefits
of vaporization. The Board expressed concern about the potential
risk of impaired driving. The Health Officer promised to review the
situation at each facility before determining whether on-site use was
appropriate there. California NORML praised the decision to permit
on-site vaporization, noting that it put Alameda County on the
forefront of the movement to encourage healthier alternatives to
smoking.
Several witnesses testified that the proposed 1000 foot buffer
zone between dispensaries and schools was too stringent. Attention
focused on one particular facility that was otherwise admirably run
but located 900 feet from a school. It was noted that several more
obtrusive liquor stores and porn shops were located much closer to
the school. The Board finally agreed to allow a 15% variance on the
1000 feet.
Responsibility for licensing and for oversight of the ordinance
was put in the hands of the Sheriff's Dept. Medical MJ proponents
objected that this was a task more suitable for the Health Dept. At
Sup. Lai-Bitker's motion, it was agreed to adopt language giving the
Health Services Agency a share of the responsibility in oversight.
The Board meeting ended on a note of warm self-congratulation.
Sup. Haggerty, the leading conservative on the Board, said he was
happy about how the board had worked together to produce a good
ordinance. Sheriff Plummer, a noted arch-enemy of drug dealers,
voiced his strong support. "We have a golden opportunity in this
county to set an example for the rest of this state with this
ordinance," he said. "If we do this right, no one has to worry about
the federal government moving into Alameda County. They know us,
they trust me." "I'm sympathetic to people who need marijuana for
medicine," he continued, "I'm not sympathetic to junkies who hang
around and make everything look bad."
Sup. Miley proposed that the Board appoint a Task Force to advise
it on further issues such as establishing a county dispensary in
Fairmount Hospital and taxing medical marijuana. Haggerty expressed
strong interest in taxation, but said that the hospital proposal was
probably dead in light of the Supreme Court decision. Miley promised
to return with a detailed task force proposal at a future meeting.
- Dale Gieringer, Cal NORML

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Dale Gieringer (415) 563-5858 // canorml [at] igc.org
2215-R Market St. #278, San Francisco CA 94114