ADVOCATES WANT LOCAL SYSTEM FOR MEDICAL MARIJUANA

Medical marijuana advocates continued to call for a Santa Barbara ordinance
to implement California's Proposition 215, and city officials said on
Tuesday they would like to learn more about efforts in Mendocino and Sonoma
counties to enact the 1996 voter-approved state law.

In addition, officials await a possible U.S. Supreme Court decision on a
case out of Oakland. The legality of Oakland's city-supported "Medical
Cannabis Distribution Program" is now in question, and any decision by the
Supreme Court could impact the direction Santa Barbara takes with a similar
program or effort, according to Robert Pike, assistant Santa Barbara city
attorney.

A handful of medical marijuana supporters and users urged the city's
Ordinance Committee to move forward with a measure governing the use of
medicinal marijuana in Santa Barbara -- despite the possibility that the
Supreme Court will consider the Oakland case and rule against that cause
after it reconvenes in early October.

Santa Barbara resident Dennis Rogers, 47, said he suffers from seizures
resulting from a stroke. The jazz singer told city officials that obtaining
prescribed marijuana on his own costs much more than it would with a
sanctioned, local distribution system.

"It's killing me financially," Rogers said.

Some local patients already get medical marijuana from an organized
distributor -- the nonprofit Compassionate Cannabis Center, founded by
South Coast resident-grower David Pryor.

As they continue to consider an ordinance governing medical pot
distribution, members of the city's Ordinance Committee said they also will
explore the creation of a memorandum of understanding among local patients,
law enforcement personnel, elected officials and health authorities from
the city and Santa Barbara County governments.

The memorandum could help alleviate legal disparities that could arise
between medical pot acceptance in the city and unincorporated county areas
nearby if a city ordinance is eventually written and passed, committee
members said.

Local officials have looked to other cities or counties for precedent while
studying a possible ordinance.

What would be the role of law enforcement? Would a patient registry be
needed? Does a cannabis cooperative work? What about the transportation of
marijuana?

These are questions that officials still must answer, said committee member
Marty Blum, who also sits on the City Council.

The following examples studied by city officials describe what some other
cities already have done to carry out the provisions of Proposition 215:

Arcata: The police chief can issue medical marijuana identification cards
to patients and their primary caregivers. The cultivation, storage and
transportation of medicinal marijuana has been declared legal for patients
and their caregivers. Law enforcement personnel are directed to determine
whether a marijuana-related activity is for a lawful medical purpose before
making an arrest or seizure.

Berkeley: The medical marijuana ordinance was repealed after legal
attention given to the Oakland case. Previously, Berkeley authorized
operation of a "medical marijuana dispensary."

Generally, a dispensary was not allowed in a residential district unless it
was located in a church or religious institution. Such a facility was not
allowed within 3,000 feet of a park or school. Smoking or consumption of
medical marijuana was allowed on a dispensary site. Sales of paraphernalia
could be made to patients. Minors were permitted to enter with a parent or
guardian.

San Jose: A medical marijuana dispensary may be operated with a special
permit in certain commercial districts, and cannot be located within a
prescribed distance from a school, day care center, church or residence. A
single patient or caregiver, or a cooperative of three or fewer patients,
does not need a permit to grow or possess the drug. At a dispensary, no
smoking or consumption is allowed on-site. Nobody under 18 may enter, and
no sales of any products other than marijuana are allowed.

Santa Cruz: A recognized marijuana provider can issue identification cards
to qualified patients and primary caregivers. Medical marijuana growers can
obtain a "growing certificate" and recover money for their "reasonable
hourly cost of labor" only. Medical marijuana associations, qualified
patients, primary caregivers and cultivators with a certificate may grow
the drug independently or collectively.