MEDICAL MARIJUANA ORDINANCE FINISHED, BUT COUNCIL VOTE STILL A WAYS
OFF

MARTINEZ -- After months of painstaking, line by line review, the
draft medical marijuana ordinance has been completed. However, it will
probably be several months until the City Council votes on the proposal.

The major change in the ordinance replaces the conditional use permit
with a nontransferable license, which would be valid for one year and
eligible for annual renewal.

The ordinance goes next to the Planning Commission.

But the November election could play a role in whether the new rules
become law because a statewide measure to legalize marijuana is on the
ballot and three council members are up for re-election, including
Lara DeLaney and Mike Menesini, who have been working on the ordinance
for a year.

On Monday, the Public Safety Committee reviewed the process the city
manager and police chief will use to evaluate applicants. Applicants
must meet a long list of criteria such as having a clean criminal
record, a suitable location and adequate security measures. DeLaney
and Menesini also agreed to include a scoring matrix.

"We want this to be completely equal, but there's going to be some
subjectivity involved," Menesini said.

Later he added, "scoring gives structure to how the applications are
vetted."

Applicants who are denied a license may appeal to the City Council.
DeLaney and Menesini added a provision giving residents the right to
appeal, as well.

The city manager can revoke or suspend a dispensary's license with
five days' notice. If the police chief believes the dispensary poses
an imminent threat to public safety, the city manager may close it
immediately.

The city will set up citizen oversight committees, akin to
neighborhood watch groups, to review issues such as traffic and public
safety. And DeLaney reiterated her desire to see sales tax revenue
from the dispensaries dedicated to the police department.

Martinez has had an ordinance allowing medical marijuana dispensaries
since 2000, but has never approved one. In response to Police Chief
Tom Simonetti's call for a ban last year, the Public Safety
Subcommittee has been crafting a less restrictive ordinance, with
significant input from medical marijuana advocates and little
involvement from residents.

The proposed ordinance requires that dispensary operators keep
detailed records of all transactions, including the amount of medical
marijuana dispensed, patients' names, source of the marijuana and
physicians' contact information.

The subcommittee dropped restrictions on how much marijuana a
dispensary can keep on site. Instead, a dispensary may keep a
"rational amount" for its patients. Patients may purchase two ounces
of dried marijuana, or baked goods containing the equivalent of two
ounces, per visit to the dispensary.

Other key provisions include criminal background checks for licensees,
requirement for on-site security personnel and cameras and set hours
of operation. The ordinance also bans on-site consumption; and
prohibits dispensaries from opening within 1,000 feet of schools,
churches with schools or day care centers, facilities serving young
people or another dispensary. Dispensaries would have to be located in
commercial or light industrial zoning districts no closer than 300
feet to residential parcels.

If the council adopts the ordinance, one dispensary could operate for
a six-month trial period, with a maximum of three allowed in the city.

After advocates objected, the subcommittee agreed to drop provisions
restricting each dispensary to serving a maximum of 500 patients per
month, capping monthly visits at 1,000 and limiting dispensaries to a
total floor area of 1,000 square feet.

If the City Council approves the ordinance, Martinez would be the
first Central County city to welcome medical marijuana dispensaries.
Last month, Richmond capped the number of dispensaries at three,
restricted the areas where they can operate and placed a measure on
the November ballot calling for a 5 percent tax on gross sales of
marijuana, whether purchased for medical or recreational use.