SUPERVISORS' VOTE ON POT CLUB RULES POSTPONED

Board Sets Hearing on Environmental Review Questions

A split among San Francisco's liberal politicians over regulating
medical marijuana clubs in the city has forced the Board of
Supervisors to back off consideration of the new rules for the time
being.

Bill Barnes, a political operative allied with Supervisor Chris Daly,
blocked Tuesday's scheduled vote on the proposed regulations when he
appealed the Planning Commission's recent determination that pot club
regulations are exempt from environmental review under the California
Environmental Quality Act.

Now, the Board of Supervisors must hold a hearing on whether more
scrutiny of the proposed regulations' impact on city neighborhoods and
traffic patterns is warranted.

"This is a well-disguised attempt to stall and hijack this
legislation," said Supervisor Ross Mirkarimi, who has taken the lead
in crafting the city's first regulations on medical cannabis
dispensaries.

Still, Mirkarimi was confident Tuesday that an effort to put
legislative constraints on the clubs ultimately will prevail.

"I believe San Francisco is poised to deliver the nation's most
comprehensive rules and regulations administering medical cannabis,"
he said. "We will move this proposal forward."

Without the rules, Mirkarimi suggested, uncontrolled growth of the
clubs could lead to a backlash from neighbors and a crackdown by the
federal government, which does not condone the sale and use of
marijuana, even for medical reasons.

But Daly fears that the proposed regulations are too strict and would
force too many clubs to close and make it harder for people to access
the medicinal marijuana.

Now, city officials are grappling with how to strike a
balance.

Board of Supervisors President Aaron Peskin scheduled a Nov. 15
hearing to consider Barnes' appeal. Peskin said the delay doesn't mean
that the proposed regulations of pot clubs are in political peril.

There are an estimated 35 pot clubs operating in San Francisco --
thought to be the most among U.S. cities. After the number peaked
beyond 40 in the early spring, the Board of Supervisors and mayor
enacted a temporary moratorium in March to block new clubs from
opening before new rules are adopted. Set to expire in November,
Mirkarimi moved Tuesday to extend the moratorium an additional 16 months.

The proposed rules as now drafted have the support of Mayor Gavin
Newsom. They would require the clubs to apply for operating permits
from the Department of Public Health. Applications would be reviewed
by the Police and Fire departments, as well as the Planning
Commission, which could impose conditions, such as operating hours and
good-neighbor policies.

The proposal also would prohibit the clubs from operating within 500
feet of schools -- 1,000 feet if the cannabis can be smoked at the
clubs -- and within residential and industrial areas. What would be
left are pockets of commercial districts.

The proposed law also would limit to one-half pound the amount of
marijuana that patients and their caregivers could buy from any one
club each day. In addition, the dispensaries would have to be
wheelchair-accessible and sell only to people who have a
government-issued card granting them the right to buy the drug for
medicinal purposes. More than 7,000 cards have been issued in San
Francisco since California voters adopted a law nine years ago
sanctioning medical marijuana.

Daly called the current proposal for San Francisco overly restrictive
and said it would force at least 14 of the existing dispensaries to
either close their doors or to seek city permission to reopen elsewhere.

Daly, who has the backing of many club operators, said he would vote
against any plan that would result in the closure of any clubs now
operating and will push an amendment that would grandfather in the
existing clubs so their status wouldn't change.

In written comments on his official Board of Supervisors Web site,
Daly accused Mirkarimi, a fellow liberal who favors the
decriminalization of marijuana, of selling out his ideals in an
attempt to gain the backing of Newsom and a veto-proof Board of
Supervisors majority.

Mirkarimi, with the board's consent last week, amended his original
legislation to address the concerns expressed by the mayor over
neighborhood input into where the clubs can be located and the amount
of marijuana that can be bought at one time.

Several supervisors also won support for amendments of their own last
week that placed other restrictions on the clubs' operations.

But after lengthy debate last week, Mirkarimi was unable to obtain six
votes to pass regulations. The board was scheduled to take up the
issue again Tuesday, but Barnes' maneuver, which had Daly's blessing,
prevented that from happening.

"Instead of consolidating his progressive base and fighting back
against this reactionary push, Mirkarimi cut a deal. ... But when you
deal with the devil, it usually comes back to bite you," Daly wrote.

"Even with these ill-advised compromises," Daly added, "Mirkarimi
still was unable to secure support."

Mirkarimi, who said he's been hit with opposition "from the left and
the right," has been intent on devising regulations. He said he will
use the next three weeks to further refine the proposal.