CITY READY TO REGULATE POT DISPENSARIES

The city of San Carlos may not have anyone seeking to set up a
medical marijuana dispensary in its borders, but it plans to be ready
if it happens.

On Monday, the City Council is set to sign off on a set of
regulations that lift a previous moratorium on dispensaries and
impose restrictions on where and how they operate.

The ordinance only allows collectives to have 10 or less patients, be
located in specific areas at least 1,000 feet away from schools,
parks and recreation areas and not sell or dispense marijuana for
cash or profit. The collectives cannot advertise marijuana, can only
have its address on an outside sign or allow anyone under 18 without
a parent or doctor.

The collectives must also obtain a use permit which can be revoked by
the police chief for any violation of law or the ordinance conditions.

The council actually agreed to go forward with an ordinance at a
meeting earlier this year but the decision came at the tail end of a
marathon meeting on synthetic turf - timing that may have kept the
conclusion from widespread dissemination, conceded Assistant City
Manager Brian Moura.

Monday's anticipated approval of the ordinance puts the earlier
decision in motion.

The city has received no applications and even the last inquiry was
several years ago, Moura said.

Regardless, he said, the city wanted to stop extending the temporary
moratorium on dispensaries and get rules in place in the event
interested parties come calling.

The decision to regulate rather than prohibit is in line with San
Mateo County but a contrast with other Peninsula cities who are
maintaining urgency ordinances and temporary moratoriums. The
decision will have little financial implications for the city short
of an increase in staff time by the police department which will
manage the registration and permit process. Violators also risk
misdemeanor charges.

Although the city is enacting regulations, City Manager Mark Weiss
has said the city could later enact a moratorium if it deems it
necessary, much as South San Francisco did after passing its
regulations.

California voters legalized medical marijuana in 1996. Senate Bill
420 clarified the law in 2004. In the time since, counties and cities
have struggled with abiding by the law while keeping the collectives
in check. San Bruno, South San Francisco and Redwood City have
moratoriums and the county passed a slate of regulations for
dispensaries but already-established locations have shut down because
they fell within the 1,000-foot restriction around schools. The
cities of Colma and San Mateo have also adopted ordinances
regulating the collectives. Millbrae voted to ban dispensaries not
based on zoning - the popular approach - but as part of the city's
health, safety and general welfare which would not subject the
moratorium to a certain time frame.

Info box:

The San Carlos City Council meets 7 p.m. Monday, April 12 at City
Hall, 600 Elm St., San Carlos.