OAKLAND COUNCIL TO PRUNE MEDICAL MARIJUANA ALLOWANCE

City Officials Agree To Compromises On Growing, Possession

Oakland -- The Oakland City Council last night approved a 50 percent
cut in the amount of marijuana allowed under its medicinal marijuana
ordinance, one of the most liberal in California.

Saying that drug dealers are using the 1998 ordinance as a cover for
illegal activity, Council President Ignacio De La Fuente had proposed
reducing the number of outdoor marijuana plants permissible from 144
to 10.

But De La Fuente reached a compromise earlier this week with some
medical marijuana advocates that allows as many as 72 pot plants to
be grown indoors, in an area no bigger than 32 square feet. Twenty
plants can be grown outside, down from the current 60. Outdoor plants
typically yield more of the drug than indoor plants.

Still, many medical marijuana supporters -- including Alameda County
Supervisor Nate Miley, a former city councilman -- opposed the change
as too restrictive.

The council approved the proposal 6 to 0, with Jane Brunner and Nancy
Nadel abstaining.

Under the new rules, to take effect Nov. 15, the amount of dried
marijuana patients can keep also will be reduced from six pounds to
three. Users will be allowed to exceed the limits with a doctor's
note.

"It's a reasonable compromise. It takes care of patients and makes
the police able to enforce the law," De La Fuente said.

Jeff Jones, executive director of the Oakland Cannabis Buyers' Club,
said he agreed to the compromise to stave off De La Fuente's
"drastic" proposal. But he said about 20 percent of medicinal
marijuana users in Oakland need more pot than the new limit allows.

Oakland police said that the valuable marijuana, estimated to be
worth $4, 000 to $5,000 a pound, can attract criminal activity, such
as robberies and home burglaries.

"The chances of these types of crimes being perpetrated upon medical
users and the community increases as the allowable amounts of
personal and collective growing increases," Lt. Ricky Hart of the
vice and narcotics section said in a report to the council.

Police cited examples in which officers who found large numbers of
plants believed them to be for-profit operations, but suspects
claimed a medical defense.

California's Proposition 215, passed by voters in 1996, legalized
personal marijuana use for medicinal purposes but did not set
possession or cultivation limits. Local laws, such as Oakland's, set
guidelines for police on whether to pursue criminal charges in
marijuana cases.

By comparison, Berkeley allows 10 plants, Marin and Mendocino
counties allow six to 12 plants and Sonoma County allows a
100-square-foot growing area with no more than 99 plants.