News (Media Awareness Project) - US CA: Council Delves Into Regulations For Medical Marijuana |
Title: | US CA: Council Delves Into Regulations For Medical Marijuana |
Published On: | 2009-09-22 |
Source: | Long Beach Press-Telegram (CA) |
Fetched On: | 2009-09-23 19:47:45 |
COUNCIL DELVES INTO REGULATIONS FOR MEDICAL MARIJUANA
LONG BEACH - Trying to understand and navigate the legal issues
surrounding medical marijuana is a lot like using the substance, a
council committee learned Monday.
The laws can be confusing, dizzying and a bit numbing, particularly
for city officials who want to regulate medical marijuana
dispensaries, collectives and cooperatives.
"In adopting these laws, California did not legalize medical
marijuana but instead exercised the state's reserved powers to not
punish certain marijuana offenses," Deputy City Attorney Cristyl
Meyers told the committee.
Councilwoman Rae Gabelich replied: "So Cristyl, would you agree that
there is a legal road for us to identify and regulate these co-ops,
collectives, dispensaries ... within the city of Long Beach?"
Meyers said she could give "a qualified yes" for collectives and
cooperatives, which function as a resource for patients and
caregivers and aren't supposed to distribute to the public.
Cooperatives must file articles of incorporation with the state, and
collectives can cultivate marijuana but can't procure it from outside
vendors, Meyers added.
Dispensaries, on the other hand, are typically illegal, she said.
City Prosecutor Tom Reeves told the committee that regulating
dispensaries, collectives and cooperatives requires "really careful study."
"Assuming they can operate lawfully, regulating them is a significant
challenge," Reeves said.
The organizations are considered caregivers for patients, who receive
recommendations - not prescriptions - from doctors to use medical
marijuana, he said. Doctors and their patients have confidentiality
under the law, while the law isn't clear on what kind of
confidentiality caregivers have, Reeves said.
So, determining if patients are abusing the system would be difficult, he said.
Both he and Meyers said that they attended a summit last week held by
District Attorney Steve Cooley, at which the message was that
dispensaries are illegal and will be prosecuted.
Ultimately, he said, that means Long Beach can't or shouldn't try to
regulate them.
"Over-the-counter sales are illegal," Reeves said.
That didn't put the committee any closer to a solution.
"So you're not helping us any," Councilwoman Tonia Reyes Uranga said.
"I'm helping you a great deal," Reeves said. "I just told you that
you can't regulate illegal businesses."
Throughout the meeting, the committee discussed ideas such as having
the Health Department inspect the pot dispensaries, which distribute
marijuana-filled food, and regulating the operations in a way similar
to liquor stores or adult businesses by placing limits on where they can open.
Even limiting their locations created concern among committee
members, who said such a move would create a negative connotation for
organizations that ideally are helping the sick.
Members of the public spoke on both sides of the issue.
Constantine Haramis was among a group of residents who live near
Fourth Street and Alamitos Avenue that said they had seen unsavory
activity and people who didn't appear infirm at nearby marijuana dispensaries.
"It's an issue of safety, and that is the thing we haven't heard
about," Haramis said.
A medical marijuana patient who didn't want his name used said that
one can't always tell who is sick or legitimately needs medical
marijuana based on a person's appearance.
He and other medical marijuana supporters agreed that regulations are
a good idea, but that the cooperatives and collectives are necessary.
"This is a resource for sick people," he said.
The committee didn't find a solution after two hours of discussion,
and will continue vetting the issue at a future meeting.
LONG BEACH - Trying to understand and navigate the legal issues
surrounding medical marijuana is a lot like using the substance, a
council committee learned Monday.
The laws can be confusing, dizzying and a bit numbing, particularly
for city officials who want to regulate medical marijuana
dispensaries, collectives and cooperatives.
"In adopting these laws, California did not legalize medical
marijuana but instead exercised the state's reserved powers to not
punish certain marijuana offenses," Deputy City Attorney Cristyl
Meyers told the committee.
Councilwoman Rae Gabelich replied: "So Cristyl, would you agree that
there is a legal road for us to identify and regulate these co-ops,
collectives, dispensaries ... within the city of Long Beach?"
Meyers said she could give "a qualified yes" for collectives and
cooperatives, which function as a resource for patients and
caregivers and aren't supposed to distribute to the public.
Cooperatives must file articles of incorporation with the state, and
collectives can cultivate marijuana but can't procure it from outside
vendors, Meyers added.
Dispensaries, on the other hand, are typically illegal, she said.
City Prosecutor Tom Reeves told the committee that regulating
dispensaries, collectives and cooperatives requires "really careful study."
"Assuming they can operate lawfully, regulating them is a significant
challenge," Reeves said.
The organizations are considered caregivers for patients, who receive
recommendations - not prescriptions - from doctors to use medical
marijuana, he said. Doctors and their patients have confidentiality
under the law, while the law isn't clear on what kind of
confidentiality caregivers have, Reeves said.
So, determining if patients are abusing the system would be difficult, he said.
Both he and Meyers said that they attended a summit last week held by
District Attorney Steve Cooley, at which the message was that
dispensaries are illegal and will be prosecuted.
Ultimately, he said, that means Long Beach can't or shouldn't try to
regulate them.
"Over-the-counter sales are illegal," Reeves said.
That didn't put the committee any closer to a solution.
"So you're not helping us any," Councilwoman Tonia Reyes Uranga said.
"I'm helping you a great deal," Reeves said. "I just told you that
you can't regulate illegal businesses."
Throughout the meeting, the committee discussed ideas such as having
the Health Department inspect the pot dispensaries, which distribute
marijuana-filled food, and regulating the operations in a way similar
to liquor stores or adult businesses by placing limits on where they can open.
Even limiting their locations created concern among committee
members, who said such a move would create a negative connotation for
organizations that ideally are helping the sick.
Members of the public spoke on both sides of the issue.
Constantine Haramis was among a group of residents who live near
Fourth Street and Alamitos Avenue that said they had seen unsavory
activity and people who didn't appear infirm at nearby marijuana dispensaries.
"It's an issue of safety, and that is the thing we haven't heard
about," Haramis said.
A medical marijuana patient who didn't want his name used said that
one can't always tell who is sick or legitimately needs medical
marijuana based on a person's appearance.
He and other medical marijuana supporters agreed that regulations are
a good idea, but that the cooperatives and collectives are necessary.
"This is a resource for sick people," he said.
The committee didn't find a solution after two hours of discussion,
and will continue vetting the issue at a future meeting.
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