MEDICAL MARIJUANA CLUBS GET COLD SHOULDER ON PENINSULA

SAN MATEO -- A recent spate of temporary bans on setting up medical
marijuana dispensaries in Peninsula cities probably has more to do
with changing laws and "not in my back yard" sentiments than hostility
toward the concept of medical marijuana, officials said.

City councils in South San Francisco, San Bruno and Redwood City have
approved moratoriums on medical marijuana collectives after raising
questions about crime and concerns of becoming a haven for pot
smokers. City officials said the bans allow them to weigh their options.

But Scot Candell, the attorney for a group trying to set up shop in
South San Francisco, said the reason for the bans is much simpler.

"They voted for Prop. 215," said Candell, referring to San Mateo
County voters who overwhelmingly passed the ballot measure. "They just
don't want (collectives) where they live."

Until recently, South San Francisco officials believed they were
obligated to allow the medical marijuana collectives, which were born
after voters legalized medical marijuana by approving Proposition 215
in 1995. As a result, city officials created rules in 2006 that
governed the opening of collectives in their jurisdiction, said
Councilwoman Karyl Matsumoto.

But the situation changed in September when a state appellate court
decision gave officials the impression that they might be able to ban
collectives altogether.

The court upheld a moratorium on dispensaries by the Southern
California city of Claremont that was based on "a potential conflict
between state and federal law" and a lack of local medical marijuana
regulation in that community.

"It gave us a right to deny," Matsumoto said. "We didn't have that
option before."

She said the council doesn't necessarily have a problem with medical
marijuana, rather it is the questions raised by a collective: Will
crime go up? How will we enforce rules? And perhaps most important, do
we want a collective in our town?

Redwood City Mayor Jeff Ira, whose city set up a moratorium this week,
said he is asking the same questions.

Particularly, he wants to know whether safety is impacted by the
collectives. He said they generate a lot of cash and that makes them
targets for robberies. But until someone applied for a permit
recently, these issues hadn't come up and now city officials have to
decide what to do.

"Like it or not, (medical marijuana) is legal in the state of
California," he said.

San Bruno was faced with the same reality when Pacifica resident Rich
Silva asked what he had to do to set up a collective, said City
Attorney Pamela Thompson.

She said despite U.S. Attorney Eric Holder's announcement in October
that medical marijuana was no longer a law enforcement priority, she
is still concerned about allowing a business in the city that is
federally illegal.

What came next, in quick succession, was a 45-day moratorium and then
a 10-month extension in South San Francisco. San Bruno reacted
similarly, only their extension is for 22 months. Redwood City adopted
a 45-day moratorium this week.

At the same time moratoriums were taking effect, two collectives that
had set up in North Fair Oaks, near Redwood City, shut down after San
Mateo County denied their applications for permits.

Universal Healthcare Cooperative and Blue Heaven closed earlier this
month after officials decided the clubs violated the San Mateo County
ordinance which bars the clubs from being within 1,000 feet of a
school or community center, said Sheriff's Office spokesman Tom Merson.

However, Blue Heaven was open for business Friday afternoon. Merson
said it is in violation of the law and the club may face civil or
criminal penalties.

The only legal collective left on the Peninsula is in Moss Beach, and
that one is set to be reviewed by the county licensing board soon, he
added.

The rebellion against the collectives is leaving their operators with
the decision to fight or give up.

Candell said his clients are considering all forms of legal action,
but stopped short of saying a lawsuit is possible. However Rich Silva,
who tried to open up in San Bruno, has had it with San Mateo County.

Even the possibility of setting up shop in San Mateo, which has an
ordinance that allows collectives, isn't a good one.

The sheaf of paperwork to fill out, the hoops to jump through and his
belief that San Mateo might enact a moratorium have left Silva looking
elsewhere.

"We're going to (San Francisco)," he said. "At least it's a sure bet
there."