FULL HOUSE FOR POT CLUB HEARING

Former D.A. Says He'd Advise Against Any Record Keeping

Former San Francisco District Attorney Terence Hallinan told a Board
of Supervisors committee Monday that strict regulation of pot clubs in
San Francisco isn't feasible.

Now a defense lawyer, Hallinan said, "I'd certainly advise any client
of mine not to sign any document ... or keep any records that a
federal grand jury could subpoena."

Hallinan, a longtime champion of medical marijuana, spoke at a public
hearing of the Government Audit and Oversight Committee, which is
trying to figure out how to rein in the burgeoning pot dispensaries in
the city.

The hours-long meeting drew dozens of speakers and a packed crowd at
City Hall.

With an estimated 43 such dispensaries, San Francisco is home to more
pot clubs than any other California municipality. The growth has
spawned complaints about smoking at the clubs, loitering, noise,
double-parking, people buying marijuana who don't have a medical need
for it, and people reselling the product on the street, said Larry
Badiner, the city's zoning administrator.

The hearing was called by Supervisor Ross Mirkarimi, who last month
got passed a 45-day moratorium on new clubs. He reassured the crowd
that the supervisors are dedicated to preserving access to medical
marijuana in San Francisco.

Using medical marijuana at the recommendation of a physician is legal
in California under the 1996 Compassionate Use Act, also known as
Proposition 215. However, any use of the drug is still illegal under
federal law.

"Why we're congregated here today is not to ban clubs. We are trying
to simply say something smart," Mirkarimi said. "There's nothing wrong
with saying that if you are going to allow patients to consume
cannabis, then having a proper ventilation system is not unwise."

Proper ventilation is one of a number of recommendations that Mayor
Gavin Newsom has submitted to the Board of Supervisors.

Badiner, of the Planning Department, was asked to testify regarding
current requirements applying to pot clubs and what authority the
department could offer to a city law regulating them.

"The land use regulations are the weakest they could be and still be
considered regulations," and are based on a decade-old interpretation
of the zoning law made by his predecessor, Badiner said.

However, he said, the city does require that any business, including a
pot club, fill out a change-of-use form.

"Only two of those have actually happened," Badiner said. "Only two of
those have gone through the legal process, leaving the rest of them
without the benefit of permit."

The Planning Department could follow one of Newsom's recommendations
and prohibit pot clubs within 1,000 feet of public schools, youth and
child-care centers, drug treatment facilities and parks, he said.

But, Badiner said, "There are not many areas under that criteria that
make it legal to operate these. It would be very difficult to locate
under these rules."

He said that supervisors could consider the majority of the clubs
illegal, since only two have any kind of permit; or, they could
grandfather in existing clubs.

Proponents of medicinal marijuana fear that increased regulation of
the clubs would create a paper trail that federal drug enforcement
officials could use to clamp down on dispensaries. But others,
including Mirkarimi, argue that though the threat of a raid is always
there, it's in the best interest of the city and the patients to make
sure the clinics are well run.

San Francisco has become a magnet for the businesses since surrounding
municipalities have started regulating the clubs in their areas.