ARCATA ANTICIPATES AG GUIDELINES FOR MEDICAL MARIJUANA

As the city of Arcata gets ready to finalize its medical marijuana
dispensaries guidelines, those involved are cautious about possible
state regulations that may be coming down the pipe soon.

The California Attorney General's Office is working on creating a set
of guidelines for medical marijuana dispensaries, but because it's a
work in progress, details are not being released yet, said Deputy
Press Secretary Abraham Arredondo.

The city has been aware of state regulation rumors and will be taking
them into consideration when they are finally released, said Arcata's
Community Development Director Larry Oetker. The Planning
Commission's final review of the draft guidelines will be at its next
meeting on Aug. 12. If approved, the guidelines will go before the
City Council for discussion and approval.

"I hope that the AG's office will release those with enough time for
us to review those prior to the Planning Commission's meeting," Oetker said.

Arredondo said he did not have any details on the guidelines and did
not know when they would be released.

The guidelines are being formulated as the AG's office appeals a case
to the state Supreme Court that adds to the ambiguity of medical
marijuana regulations.

The office filed a petition July 1 to appeal a California appellate
court decision that state limits on medical marijuana possession and
cultivation established under SB 420 laws are unconditional.

In the ruling for People vs. Patrick Kelly, the court said that SB
420 amended Proposition 215 without voter approval. SB 420 set
restrictions on the number of plants a patient could own or
cultivate, which was up to six mature plants, or 12 immature growing
plants, and up to eight ounces of dried, processed marijuana.

The appeal argues that SB 420 doesn't unconstitutionally amend
Proposition 215 because it only applies to voluntary card holders,
and the court incorrectly interpreted the language of SB 420.

The petition also states that the identification card system
established by SB 420 protects medical marijuana patients and the
court should have "considered less drastic alternative remedies,"
than to include the program within its ruling. Arredondo said the
court will have 90 days to decide whether to reject, review, or
accept the petition.

Mayor Mark Wheetley said ambiguity of the laws has always been an
issue when trying to regulate Proposition 215, so more state
guidelines will be new territory for Arcata.

"We've certainly been trained to hammer through the details of our
situation, in the absence of any firm guidance from the state," he
said adding that any new regulations may provide a little more clarity.

"We're going to wait and see about that one," Wheetley said.

Oetker said the city staff will not be waiting on the state before
trying to finish the city's guidelines, and will continue working
with the Planning Commission to produce a comprehensive set of
regulations for dispensaries.

"We're staying on track until we hear otherwise," he said.