SAN DIEGO APPROVES SWEEPING MEDICAL POT LIMITS

The San Diego City Council on Monday approved comprehensive medical
marijuana regulations that will force more than 165 dispensaries to
shut down soon and apply for operating permits.

San Diego became the 43rd city in the state to pass sweeping
limitations on collectives, which have mushroomed at a speed that has
staggered city officials and drawn the ire of some
neighborhoods.

The new San Diego restrictions, which are somewhat more lenient than
originally proposed, leave unclear how many dispensaries will
eventually be able to operate. But virtually all say there will be far
fewer than now exist.

In a 5-2 vote, councilmembers said the regulations would provide
direction to police and code enforcement officers as they struggle to
regulate the dispensaries that have been operating in an unfettered
environment. Councilmembers Carl DeMaio and Lorie Zapf voted against
the restrictions, contending they weren't strong enough. Councilman
David Alvarez was absent.

Todd Gloria, Marti Emerald, Kevin Faulconer, Sherri Lightner and Tony
Young voted in favor of the new policies.

The regulations, approved after five hours of public testimony Monday
and 2 1/2 years of debate, are meant to help the city transition out
of a tumultuous period in which collectives were vulnerable to raids
and arrests. They would limit dispensaries to some commercial and
industrial zones and require an extensive approval process for
conditional use permits.

Cooperatives would have to be at least 600 feet from each other as
well as schools, playgrounds, libraries, childcare and youth
facilities, parks and churches. They also would have limited business
hours and mandatory security guards.

Gloria, who successfully pushed to reduce the 1,000-foot barrier,
argued that it would have forced cooperatives out of neighborhoods
most supportive of them, namely Ocean Beach and Hillcrest.

"It would hurt the sickest patients the most because they're the ones
who are unable to travel long distances for their medication," he said.

He also expressed disappointment with the lack of a grace period for
existing dispensaries, which will be forced to shutter 30 days after
the ordinance is ratified, which could happen in about a month.
Officials estimated it would take at least a year for a collective to
move through the approval process.

DeMaio complained that the city's costs to enforce the ordinance are
unknown, even though officials say they plan to charge fees to recover
any costs. He also said many people are now getting marijuana for
recreational use from collectives and suggested that would continue
under the city's new rules.

Young said conflicting state and federal laws also add to the
difficulty.

"We're trying to make these decisions based on a very important part
of our governmental structure that does not believe that they should
exist and believes that we are actually breaking the law," he said,
referring to the federal government.

The placement of dispensaries has been a struggle since the
Californians voted to legalize medical marijuana in 1996, but local
municipalities did little to regulate them. Chula Vista, Imperial
Beach and Oceanside are among the local cities with bans.

More than 200 cities have permanent bans, according to the Coalition
for a Drug Free California.

Emerald said the issue of regulating medical marijuana has been raised
before the council almost on a weekly basis, with advocates on both
sides pleading for rules of the road.

"This goes a long way toward protecting neighborhoods and protecting
the rights of patients who need very desperately their medicine," she
said.

None of the collectives could be grandfathered in under the approved
policy, leading advocates to contend it amounts to a de facto ban when
combined with the county's zoning laws. Just a handful of applications
were submitted to open dispensaries in unincorporated areas since the
Board of Supervisors approved a set of regulations in June.

The fact that collectives would have to close and apply for a new
permit will force patients to turn to pharmaceuticals or the black
market for relief from their ailments, said Ben Cisneros, a senior
organizer with Stop the Ban.

Asked the Rev. Canon Mary Moreno Richardson of St. Paul's Episcopal
Cathedral: "Where are they supposed to go?"

Medical marijuana advocates pressed the council to relax restrictions
on locations along with the proposed approval process.

John Murphy, an attorney representing patient's associations, called
the whole process "extremely onerous." "If it effectively bans medical
marijuana, there will be a proliferation of lawsuits that the city
cannot afford," Murphy said.

The Development Services Department indicated the cost of a permit
could range from $25,000 to $35,000, depending on the level of
controversy and associated appeals. (The typical rate for staff time
is about $140 to $170 an hour).

Dispensaries could be required to pay a one-time permit fee and obtain
a license, certificate or annual permit.

Council members asked the Mayor's Office to return in 30 days with a
cost-recovery plan to implement the regulations.

Among cities, 43 have regulations, 90 have temporary moratoriums and
214 have bans, according to the Coalition for a Drug Free California.

Councilwoman Zapf estimated that as much as 90 percent of the possible
vacant sites in the proposed zones were in her district.

"A pot district?" she said. "I can't support that."

Others cited spiraling crime statistics and the ability for the
non-ailing to get their hands on medical marijuana.

"Doctors are supposed to screen out drug abusers. Most do their best,"
said Scott Chipman chairman of San Diegans for Safe Neighborhoods.
"But in California, Colorado and Montana a handful of doctors decided
to get rich off marijuana and they write almost all the marijuana
prescriptions."

The prospect of this worried William Penick, chairman of the
Skyline-Paradise Hills Community Planning Group.

"We understand the needs of the chronically ill," Penick said. "But we
also know the needs for public safety of our community, children,
schools and churches."

The council is expected to take a final vote on the ordinances in the
coming weeks.

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RULES FOR MEDICAL POT STORES

All cooperatives, collectives and dispensaries must have a valid
permit.

Dispensaries will only be allowed in some commercial or industrial
zones.

Cooperatives must be at least 600 feet from each other, schools,
playgrounds, libraries, child care and youth facilities, parks and
churches.

Hours of operation will be limited from 7 a.m. to 9 p.m. seven days
a week.

A licensed security guard must be on the premises during business
hours.

Dispensaries must show proof that they are nonprofit
entities.

Those responsible for a cooperative must undergo fingerprinting to
be kept on file with the city.

Anyone convicted of a violent felony or a crime of moral turpitude
in the last seven years cannot operate a cooperative.

If requested, collectives must provide to the city an audit of their
operations for the previous year.

Permitting costs may be recovered by the city.

Cooperative must ensure edible products containing medical marijuana
comply with packaging and labeling requirements.