Activists say Berkeley Pot Law is too tight
BY JUDITH SCHERR
TIMES STAFF WRIThR

BERKELEY Temporary rules to regulate medical marijuana in the city are
too tight, activists say. An interim ordinance, patterned after one in
San Jose, was adopted by the Planning Commission in May and will serve as
law until the City Council approves a permanent ordinance in November.

The regulations ban distribution from sites near churches, schools and
parks. It bans the sale of "paraphernalia," prohibits the use of
marijuana on a distributor's premises and limits distribution sites to
commercial areas.

But activists say homeless people may need a safe place to use the
medicine, sites in commercial districts may be difficult to reach,
churches make good distribution sites and going to a separate location to
buy paraphernalia may be difficult for an ill client.

They also charge that the interim ordinance slipped into law with little
public scrutiny and the council appointed working group lacks broad
representation.

At a meeting on Monday, activists grappled with the interim ordinance.
Members of the Police Review Commission, the Human Welfare and Community
Action

Commission and the Commission on Disability were appointed to refine the
regulations. A dozen other activists attended.

In an attempt to blunt the impact of the ordinance, the three voted to
ask the zoning officer to make enforcement of the law a low priority. The
vote came after testimony from activists who said the law went too far,
regulating medicinal marijuana distributors like adult book stores.

"They're not porno clubs," said Scott Halem, a longtime medical
marijuana activist.

Ted Tuk, director of the Berkeley Medicinal Cannabis Growers

Collective, attacked the law's prohibition against clients using
marUuana at the distribution site.

"If you're homeless, you need a place to smoke," he said, adding, "We
don't want a party atmosphere."

The law relegates the activity to commercial areas of the city. But Jeff
Jones of the Oakland Cannabis Buyers' Cooperative, said that provision
might limit accessibility.

It also bans sale within 600 feet of a church [Editorial remark:
Southern Baptist, that is], park or school. But churches could play an
active role in the distribution, said Dave Ritchie, who chaired the
meeting and represented the Police Review Commission.

Tuk attacked the law's ban on distributors selling "paraphernalia."
"Where is a person to go, to a head shop?" asked Tuk.

Few of those attending had known there was an interim ordinance.

"I thought this was the beginning of the process," said Bill Moore, of
the Human Welfare Commission.

"The group was to develop policy to put in place the community
standard," said Amy Shutlun.

Zach Cowan, an assistant city attorney, defended the process saying the
city had received inquiries from potential distributors and needed to
have rules in place, Before approving the ordinance May 24, the Planning
Commission held a public hearing, he said.

New distributors, however will be asked to obtain permits conforming to
the interim guidelines, Cowan said.

Commissioners will ask the council to broaden working group membership
to patients, physicians police and distributors.

The working group will meet monthly at 6:30 p.m., the last Monday of
each month at the North Berkeley Senior Center.