OAKLAND COUNCIL TIGHTENS MMJ GUIDELINES

OAKLAND, July 24: The Oakland City Council approved a compromise
measure tightening the city's medical marijuana cultivation
guidelines from a maximum of 144 to 72 total indoor plants in a 32
square foot growing area. The outdoor guides were tightened from 30
to 20 plants, while the total amount of marijuana allowed per patient
was changed from 6 to 3 pounds.

The compromise was negotiated by Oakland Cannabis Buyers' Cooperative
director Jeff Jones, Stacie Traylor, and attorney Robert Raich in
response to a proposal by City Council President Ignacio De La
Fuente, which would have allowed a limit of only 10 plants.

The ten-plant limit was hotly opposed by medical cannabis activists,
who warned that it would criminalize most patients. After hearing
the evidence, the Council appeared to agree that a ten-plant limit
was unrealistic.

Jeff Jones said there was "no simple solution," but that he was
satisfied the new guidelines would meet the needs of 80% of the
patients. In order to accommodate the rest, the guidelines allow for
exceptions if the physician states that they are necessary to meet
the patient's needs.

The push to change the guidelines came from Councilman De La Fuente,
who complained that certain growers were abusing them to illegitimate
ends.

Medical cannabis backers turned out in force to oppose De La Fuente's
proposed guidelines. OCBC attorney Rob Raich disavowed the
compromise, saying it was inferior to the original guidelines.
California NORML director Dale Gieringer noted that there had been 15
major Prop. 215 cases in California where patients had been acquitted
or dismissed from charges for gardens that exceed the proposed
compromise guidelines. He said that the issue should be referred for
further study to a working group, as proposed by Supervisor Nate
Miley.

Numerous patients testified that they could not live with the
proposed changes. However, wavering councilmen were won over by the
fact that needy patients could apply for exceptions.

While De La Fuente's original proposal would have limited caregiver
gardens to 5 patients, the compromise measure dropped this
limitation, allowing caregivers to grow for any number of patients,
provided they post their names and comply with the 72 plant/32 square
foot per patient allotment.

A number of Councilmembers indicated their support for complete
decriminalization or legalization, but expressed regret that present
federal law made this impossible.

Summary Of Approved Changes To Oakland Guidelines

* Changing the annual need per patient from 6 to 3 lbs.

* Changing the amount of dried cannabis a patient may possess from
1.5 or 6 lbs. if grown outdoors, to 3 lbs. regardless of growing
method.

* Changing the limit on indoor plants from 48 flowering and 96
immature to a growing area of no more than 32 square feet, containing
a maximum of 72 plants.

* Changing the limit for outdoor plants from 30 flowering and 30
immature plants to 20 platns at any stage of development.

* Adding privacy protections that expressly allow patients to redact
or blackout any diagnosis or personal medical information on required
documentation.

* Adding a Medical Necessity Exemption that allows patients who have
a doctor's statement to exceed the Oakland guidelines.

* Allowing Primary Caregivers and Growing Collectives to continue
growing quantities justified by the number of patients they can prove
they represent, but now also requiring them to post or keep such
proof available on the premises.

* Urging the Police Department to develop an appropriate training
bulletin to implement these policies.

* Additionally, Councilman De La Fuente agreed to meet quarterly with
patient representatives to monitor this policy.

* To give patients time to transition, the new policy will not take
effect until Nov. 15, 2001