COUNCIL READY TO LIGHT UP POT LAW

San Mateo should move fast in implementing a new medical marijuana
law so patients and caregivers have a clear understanding on what's
allowed, the City Council said at a special study session last night.

The council discussed a draft ordinance to require medical marijuana
collectives to register through the Police Department and meet
certain security and business regulations. The council directed city
staff to pursue such an ordinance after the Police Department and
federal agents shut down three medical marijuana dispensaries
approximately one year ago. The city ordinance is expected to bridge
the gap between the vague 1996 state law allowing medical marijuana.

"Overall, I support this and want to move forward as fast as possible
so people know what they can and what they can't do," said Deputy
Mayor Brandt Grotte.

Approximately seven members of the public -- collective owners and
patients -- attended the meeting to urge the city to adopt the
ordinance. Patients said the ordinance would allow collectives to
reopen in the city and prevent them from turning to the streets to
purchase marijuana.

"People need their medicine. Give us an opportunity to do it and do
it right," said Ruben Muniz.

Patients also asked the council to consider the needs of sick
patients who do not have the ability to travel far for medication.

"My father was a cancer patient. He was thrilled to be able to find
his medication in town," said a tearful Charloa Burker. "He was
thrilled and he was treated so well at the Second Avenue dispensary."

Burker's father died last year.

For the most part, the proposed ordinance would regulate the
"collective" cultivation of medical marijuana. Collectives are places
where people pool their money and time to grow marijuana in one
central location. Dispensaries simply distribute and are already
prohibited by law.

While state law allows collectives, it places few limits on the
activity and some cities, like San Mateo, are taking steps to fill the void.

The ordinance would require collectives to register with the Police
Department to prevent law enforcement mistakes by informing officers
where lawful cultivation of marijuana is taking place.

It would also require collective growers to obtain a license, so the
city could adequately address neighborhood impact. People who grow
marijuana on their own property for personal use will not be subject
to the new requirements, according to the report.

The ordinance will establish conditions to address safety and
security. The ordinance will prohibit advertising of the activity,
smoking marijuana on site and sale of marijuana at the collective. It
will require security lighting, alarms and that the marijuana be
grown indoors, according to the report.

The ordinance will prohibit collectives from being anywhere in the
city except manufacturing and service commercial areas, according to
the report.

City officials were asked to address medical marijuana collectives
last year after three were shut down in raids that occurred Aug. 29,
2007. Two owners attended last night's meeting and told the council
the Drug Enforcement Agency raided their businesses but never charged
them with a single crime.

California voters passed Proposition 215, the Compassionate Use Act,
in 1996, allowing sick patients to either grow their own marijuana or
have a primary caregiver grow it for them. In 2003, the state
legislature passed the Medical Marijuana Program Act to clarify vague
portions of Proposition 215.

Cities remain stuck between the vague state law that allows medical
marijuana and federal law that prohibits it.

Following last year's raids, law enforcement officials claimed the
clubs were not acting as collectives. Owners and directors of the
clubs argued they are collectives because members are pooling their
money for marijuana, providing a safe place to buy it and access to
resources about using it.

The council will revisit the ordinance later this year.