SF Supes Support MCD Landlords; Unincorp CoCo County Rejects MCDs

Good morning,

Two items of interest today (though it's early still!). First, yesterday the San
Francisco Board of Supervisors reaffirmed their existing MMJ sanctuary resolution
and expanded its coverage to dispensary landlords. So far, Berkeley and SF are the
only cities to specifically include landlords in this sanctuary status.

Also yesterday, Contra Costa County supervisors voted for a permanent ban on new
dispensaries in unincorporated areas of the county. We have heard from many of you
who are concerned that existing dispensaries there will be forced to close, and I
assure you that this is not the case. The El Sobrante dispensary, which is in an
unincorporated area of the county, is being grandfathered in because it received its
land use permit before the county established a moratorium on new dispensaries in
2006.

As always, be well,

Becky DeKeuster
Community Liaison

http://www.ktvu.com/news/15420614/detail.html
SF Supes Condemn DEA Letters To Pot Dispensary LandlordsPOSTED: 8:17 pm PST
February 26, 2008
SAN FRANCISCO -- The San Francisco Board of Supervisors Tuesday passed a resolution
condemning federal authorities for sending letters to landlords of medical marijuana
dispensaries in the city, notifying them of the possibility of imprisonment and
seizure of their property.

The resolution was approved by a 7 to 2 vote. The resolution calls the letters -
issued in December by the U.S. Drug Enforcement Administration to about 50 Northern
California landlords, some in San Francisco --"misguided and sensationally
threatening harassment."

The resolution was authored by Supervisor Chris Daly and co-sponsored by supervisors
Jake McGoldrick and Ross Mirkarimi.

According to the DEA, the letters were sent out "basically as a courtesy," informing
landlords the cannabis clubs were operating on their property, constituting a
violation of federal law, the penalty for which includes seizure of assets,
including property, and up to 20 years in prison.

The resolution, which reaffirms San Francisco as "a sanctuary for medical cannabis,"
states that the DEA "has repeatedly subverted and undermined California's, and many
other states', laws governing medical cannabis." It also accuses the DEA of
"increasingly acting on its irrational policy and hysteria regarding medical
cannabis specifically, and the so-called War on Drugs in general."

According to the resolution, medical marijuana dispensaries are a health and safety
issue that should be governed by the state of California. The resolution pledges to
support "lawfully operating" cannabis dispensaries and property owners who lease to
them.

Those facing federal prosecution would receive the support of the city attorney,
according to the resolution. The resolution also calls on the U.S. Congress to
investigate the conduct of the DEA and to revise federal law to authorize states to
legalize medical marijuana. Copyright 2008 by KTVU.com and Bay City News. All rights
reserved. This material may not be published, broadcast, rewritten or redistributed.


http://www.insidebayarea.com/trivalleyherald/localnews/ci_8379513

Medical marijuana dispensaries banned
By Ryan Huff STAFF WRITER

Article Created: 02/27/2008 09:36:49 AM PST

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Medical marijuana dispensaries won't be allowed to open in
Contra Costa's unincorporated areas as county supervisors
Tuesday unanimously agreed to ban them. Too often dispensaries
are a gateway for people with questionable medical ailments to
obtain marijuana and then sell it on the streets, supervisors
said.
"While I am empathetic to patients with serious and terminal illness, the marijuana
dispensaries have attracted both criminal and nuisance problems to the communities
where they operate," said Supervisor Mary Piepho of Discovery Bay.
Such facilities have been prohibited since the county approved a temporary
moratorium in April 2006. But that moratorium expires April 10, which is why
supervisors fast-tracked the permanent ordinance banning land uses that violate
state or federal law.
Using marijuana -- even for medical purposes -- is illegal under federal law,
according to a 2005 U.S. Supreme Court ruling. This conflicts with a state law
voters passed in 1996 that permits residents with certain medical conditions to use
marijuana with a doctor's recommendation.
M.E.D.'s Dispensary in El Sobrante -- the only legal medical marijuana business in
the unincorporated county -- can remain open since it applied for a land-use permit
before the 2006 moratorium.
Banning new facilities will inspire a black market for medical marijuana sales,
patient advocates told supervisors.
"The smart thing to do would be to regulate these (dispensaries) and have a

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safe environment rather than people having to go through backdoor means," said
Armando Soto with Americans for Safe Access, a medical marijuana advocacy group.
Demetrio Ramirez, who used to run a Pacheco dispensary, yelled at the supervisors
and had to be asked repeatedly to sit down after his three-minute speaking limit was
up. County officials shut down his dispensary -- called Maricare -- last year
because it violated the moratorium and didn't have a proper zoning permit.
"Maricare provides care for terminally ill patients," Ramirez said. "You have
signed a death warrant."
Supervisors said that patients are still free to smoke marijuana in their homes for
medical purposes or grow it themselves, as permitted by state law.
"The use of (medical) marijuana is allowed by patients who qualify," said
Supervisor Susan Bonilla of Concord. "We're not changing that provision."
Ryan Huff covers Contra Costa County government. Reach him at 925-977-8471 or
rhuff [at] bayareanewsgroup.com.