MEDICAL POT PLAN ALLOWS 10 PLANTS

The City Council adopted a Medical Marijuana Ordinance Tuesday that
advocates called conservative and a disservice to the
chronically ill, while city officials described it as responsible
and mindful of public safety.

Before 40 disappointed medical marijuana supporters, the council
approved the Medical Marijuana Ordinance recommended by the
city manager. The new ordinance will allow doctor-approved patients
to grow up to 10 plants and have 2.5 pounds of dried marijuana in
their possession at any time. Medical marijuana advocates
supported an ordinance that would be similar to Oakland's guidelines
that allow individuals to grow as many as 144 plants and possess up
to 6 pounds.

The council voted three times before finally approving the city
manager's recommendation. The first two motions called for larger
amounts. The first motion was for an individual to possess 6 pounds
and no limit on the number of plants. The second motion was
different only in that it limited the number of plants to 144.

Both motions failed by a 5-4 vote with Mayor Shirley Dean, Vice Mayor
Maudelle Shirek and Councilmembers Polly Armstrong, Betty Olds and
Miriam Hawley voting in opposition.

The recommendation that was finally adopted was approved by an 8-1
vote with Councilmember Dona Spring, who supported the larger
amounts, voting against the motion.

Councilmember Kriss Worthington said he will put the issue back on the
agenda at the next meeting to try to increase the allowable numbers.

When Spring cast her vote she said "I'm voting 'no' because what we
have now is better than what we're voting on."

Police spokesperson Lt. Russell Lopes said the current Berkeley policy
is for officers to make decisions on a case-by-case basis. If
officers discover 20 plants in a back yard, they can use their
professional judgment to decide whether the plants are intended for
medical or recreational use. Lopes said the policy requires a
supervisor to evaluate the officers' decision and determine whether
the plants should be confiscated.

The council's decision settled 14 months of wrangling between city
staff and the Community Health Commission over the allowable
amounts for individuals.

CMC Chair Mark Chekal said the commission recommended 144 plants and 6
pounds per individual because growing marijuana is a complex
operation and there is no guarantee each crop will be successful.
He said the higher amounts would provide patients with a better
chance of having enough marijuana to take care of their medical
needs.

The city Health Officer Poki Stewart Namkung said the higher amounts
were beyond the need of most patients. "Two and half pounds is a
very generous dose," she said. "The universal reaction I received
from medical professionals to 6 pounds was astonishment."

Health and Human Services Director Fred Medrano said the 2.5 pound
allowance was based on a dosage of three joints a day. He said the
ordinance is flexible and can accommodate patients who need higher
doses of marijuana provided they get approval from a doctor.

"This ordinance does not set a limit," he said. "There's no real
ceiling and that's an important distinction to make."

Chekal argued, however, that doctors are reluctant to prescribe larger
amounts because despite Proposition 215, which allows medical use
of marijuana, it is still illegal and doctors are worried about
their reputations.

Police Chief Dash Butler told the council that approving larger
amounts could encourage abuse. "There has to be a reasonable line
drawn," he said. "If not, we will undoubtedly have some type of
violence."

The council report included three examples of home-invasion type
robberies, which police claim were motivated by the presence of
marijuana and cash. According to the report, a home invasion by two
armed men on March 30, 2000 was at the home of a former director of
a local cannabis club.

The report estimates the street value of marijuana to be between
$3,500 to $4,500 per pound.

Chekal argued that most of the robberies involved drug dealers and
that Oakland, which has had its policy since 1998, has not had any
robberies or violence associated with its allowance of 144 plants
and 6 pounds per patient.

Armstrong drew cheers when she said it was her personal opinion that
marijuana should be legalized, but the audience became quiet when
she added that she supported the recommendation for the lower
numbers of plants and less of the dried cannabis.

"I don't want Berkeley to become the Amsterdam of the East Bay," she
said, "Most of the people I spoke with said start in moderation and
see how it goes. By nature I'm moderate so that sits well with me."

After the vote Director of the Cannabis Buyers Club Don Duncan said he
was disappointed with the council's decision. He said he felt the
council voted for the more conservative amounts out of fear rather
than compassion for the chronically ill.

"We're advising patients not to follow the ordinance," he said. "We're
advocating zero compliance and encouraging patients to take care of
their medical needs. I don't want anybody to compromise their
health because of arbitrary numbers set by the City Council."

Outside the Council Chambers, Worthington said he voted for the city
manager's recommendation in order to revisit the issue at the next
City Council meeting.

"I want to try and raise the numbers and in order to put the
recommendation on the agenda I had to vote for the prevailing
side," he said. "I'm hopeful that when the community understands we
came within one vote, they will continue to write letters and contact
the their city councilmembers."