SAN JOSE FIRST TO REGULATE MARIJUANA SALES
by Maria Alicia Gaura, Chronicle South Bay Bureau

With a unanimous council vote, San Jose became the first
city in the United States to regulate medical marijuana
vendors like other local businesses.

''We certainly understand the mandate of the people of
California,'' said Mayor Susan Hammer, referring to state
voters' overwhelming support in November for Proposition
215, which legalized medical marijuana in California.
''We are going to regulate the land use for this activity
just like we regulate the land use for other activities
bars, restaurants, gas stations,'' she said.

Peter Baez, cofounder of the Santa Clara County Medical
Cannabis Club, enthusiastically hailed the new law.

''I fully support your zoning provisions,'' said Baez,
who plans to apply for a special use permit today. ''We
have filed and received our IRS taxpayer ID number and have
a notforprofit charter now. Our club is making history
here in San Jose and in the nation we are the first
legitimate notforprofit club in the nation to gain this
status.''

WHAT'S OK UNDER ORDINANCE

The ordinance allows '' medical marijuana
dispensaries'' to open for business in the city's
commercial districts as long as they are located 150 feet
from residences. The buffer zone between the cannabis
dispensaries and schools, day care centers and churches was
expanded to 500 feet after several council members
expressed concern about the clubs' proximity to children
and worshipers. Marijuana cultivation is allowed under the
ordinance, as long as the operators obtain a special use
permit from the city.

However, the ordinance bans smoking inside the
dispensaries and forbids people under age 18 from entering
the premises. The measure also prohibits the sale of goods
other than marijuana and allows marijuana sales only to
registered patients and their designated caregivers. No
delivery of marijuana is permitted, except by a designated
caregiver to a patient.

The dispensaries must be closed between 9 p.m. and 9
a.m., and comply with yettobeannounced recordkeeping
requirements to be drafted by the Police Department.

To date, there are about 15 medical marijuana clubs in
California, including clubs in San Francisco, Oakland,
Santa Cruz and Los Angeles. But the clubs, while generally
tolerated by local law enforcement, have operated in a
legal limbo. Marijuana for any use is still forbidden by
federal law.

ENTHUSIASM NOT UNIVERSAL

Although none of the speakers at yesterday's City
Council hearing opposed the distribution of marijuana to
sick and suffering people, not everyone was enthusiastic
about the council action.

Councilman David Pandori criticized the American Medical
Association for not taking a stand on medical marijuana
and leaving complex licensing decisions to city officials.

''If they had (taken a stand), we'd probably be dealing
with pharmacies and drugstores dispensing this as opposed
to clubs,'' said Pandori. ''You don't have methamphetamine
clubs, you don't have clubs for penicillin. (But) in the
interim, we have this law and . . . we're going uphold
it.''

The San Jose ordinance was considered an emergency
measure because of the sudden interest by two different
groups in opening cannabis clubs in the city.

The law took effect immediately upon the council's
11to0 vote, although city officials plan to continue
finetuning it.

City Attorney Joan Gallo said the emergency ordinance
also was needed to prevent delays in serving sick people
who need marijuana. ''We expect it will change over time
as we all get more sophisticated about what's needed,'' she
said. PROHIBITION ON DELIVERY

Jesse Garcia, cofounder of the Santa Clara County
Medical Cannabis Club, wants the city to revisit its
prohibition on delivering medical marijuana. He told the
council yesterday that delivery to very ill patients should
be allowed under certain circumstances and that some
smoking implements, such as water pipes, ought to be
offered for sale in dispensaries for the convenience of
customers.

Gallo said she will continue working with medical
marijuana providers, city police and city planners to
address Garcia's concerns and any other kinks in the
ordinance.

''What we don't want to have is people carrying lots of
marijuana and delivering it all over town to who knows
whom,'' Gallo said, though allowances can be made to assure
that marijuana can be taken to people too ill to leave
their homes.

The ordinance will now go before the city's Planning
Commission for more discussion and fine tuning before
returning to the City Council for another review June 3. In
the meantime, marijuana distribution will be allowed under
the provisions of the measure. In recent weeks, Baez's
volunteers have delivered marijuana to patients, mostly
because his group has had trouble leasing an office. But
from now on, he promises not to violate any provisions of
the city law.

Baez urged city officials not to be intimidated by the
federal government's continued opposition to medical
marijuana.

''Think of the people we are serving,'' Baez said.
''They have enough problems staying alive do not make
their deaths any more difficult.''