Mayor's Recommendations (on Medical Cannabis Dispensaries) Unacceptable

As most of you know the San Francisco Budget and
Finance Committee will hold hearings on the proposed
medical cannabis dispensary regulations shortly after
1pm today. For the past few months, representatives
of ASA-National and ASA-SF have been working closely
with various members of the Board of Supervisors and a
core group of stakeholders including patients,
caregivers, private patient collectives, medical
cannabis dispensary operators, and other local
organizations to facilitate passage of sensible
regulations to control and regulate medical cannabis
dispensaries.

We were pleased to announce that Supervisor Mirkarimi
had amended his draft resolution to include a few
provisions ASA and ASA-SF were lobbying for.
Unfortunately the Mayor’s recommendations now
jeopardize the progress we have made. So we are asking
Spokespersons who plan to attend the hearing to
include how the Mayor’s Recommendations are
unacceptable, they are not patient friendly at all. We
are extremely disappointed to announce that Mayor
Newsom has sent his recommendations for MCD
regulations to the SF Board of Supervisors.

According to the letter, he believes the legislation
currently being considered by the Board goes a long
way to regulation MCDs but is concerned “that it does
not go far enough.” That is simply outrageous!

As currently drafted, the Mirkarimi proposal permits
only 10 of the currently operating MCDs to continue
operating, only four of which can provide on-site
consumption. But, to his credit, Ross will be making
some amendments during the Finance Committee hearing
OCTOBER 6 AT 1pm!!

The Mayor’s recommendations are as follows:

1. 1000 foot buffer zone from schools, youth
centers, licensed child-care centers, drug treatment
facilities, and all Recreation and Parks facilities –
regardless of whether or not cannabis is consumed
on-site. [this is UNACCEPTABLE, it blackouts the whole
city – see new proximity map attached]

2. Adequate license fees – fees charged to
operate MCDs must be set to adequately fund ongoing
and meaningful oversight. During tight budget times,
fiscal prudence demands that we are very careful to
set fees at an appropriate level to ensure full
cost-recovery for oversight activities. [unclear
whether he is asking for more or less than the already
included $7,000 permit fee]

3. DPH Oversight – DPH should oversee the
licensing, regulation and enforcement of MCDs. [Whew!
This is fine]

4. Appropriate Advertising – Little
justification exists for advertising medical cannabis
outside of the local public health and medical
communities. MCD regulations should include provisions
that treat medical cannabis and dispensaries as part
of the medical field and limit publicity and
advertisements accordingly through qualified
physicians and medical institutions. [Ugh!]

5. State-approved limits on daily purchase –
State of CA has limited personal possession of
cannabis to no more than eight ounces. [Double Ugh!
This is simply a misinterpretation of SB420. The
limits set forth in state law are a floor, not a
ceiling.]

----


Mayor calls proposed law to regulate pot clubs too
soft
- Charlie Goodyear, Chronicle Staff Writer
Thursday, October 6, 2005

Legislation regulating medical marijuana clubs in San
Francisco that comes today before a Board of
Supervisors committee isn't tough enough, according to
a letter sent by Mayor Gavin Newsom on Wednesday.

Newsom is taking issue specifically with a bill
proposed by Supervisor Ross Mirkarimi, who has
spearheaded the effort to standardize how the
approximately 35 pot clubs currently selling marijuana
operate in the city. Under Mirkarimi's proposed
legislation, pot clubs could operate within 500 feet
of a school and could sell up to a pound of marijuana
a day to customers.

Since 1996, when a state measure permitting marijuana
use for medical purposes was passed by California
voters, San Francisco has become a haven for operators
of medical marijuana dispensaries who now serve more
than 7,000 registered patients. But police say the
system is widely abused, with drug dealers and gang
members buying at the clubs along with patients who
have a legitimate need for weed.

Residents complain that the clubs bring traffic into
their neighborhoods where reselling of the marijuana
occurs in plain view on the street. In May,
supervisors voted to extend a moratorium on the
establishment of any new pot clubs in the city.

"While I believe the legislation currently being
considered by the board goes a long way to regulating
(pot clubs), I have concerns that it does not go far
enough," Newsom wrote in his letter. The mayor is
proposing a 1,000-foot limit from schools, recreation
centers and parks for pot clubs, strict regulations on
what type of advertising the clubs can use and
limiting the amount a patient can buy each day to 8
ounces.

"Considering how large an amount of medical cannabis
this amount represents, I do not believe that our city
should increase the amount of medical cannabis a
person can possess to one pound -- as currently
proposed," Newsom wrote. "Such a limit appears to
allow an individual to purchase a full pound of
marijuana in a single purchase at a dispensary."

Mirkarimi said Newsom's proposed restrictions on
proximity to schools would essentially banish pot
clubs to the outlying areas of the city, making it
harder for patients to obtain medical marijuana.

"I believe that the mayor is sending a very
inconsistent message," Mirkarimi said. "In the very
recent past he had stated that he would like to see a
regulatory scheme that allows clubs who want to comply
with the law to thrive. But under his letter this
would in essence ban practically all the clubs that
exist into areas on the far outskirts of the city.
Those issues need to be reconciled."

The board's Budget and Finance Committee is scheduled
today to consider Mirkarimi's legislation along with
additional pot club ordinances proposed by Supervisors
Sean Elsbernd and Gerardo Sandoval. It is unclear if
any of the legislation will be forwarded by the
committee for a vote at the Board of Supervisors.
Mirkarimi said he expected a "healthy debate" on the
issue.

E-mail Charlie Goodyear at cgoodyear [at] sfchronicle.com.

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©2005 San Francisco Chronicle