COUNTIES ADJUST POT CLUB RULES

East Bay: Contra Costa Imposes New Moratorium, While Alameda to Hire
Company to Make Pot ID Cards

Contra Costa County and Alameda County supervisors on Tuesday took
divergent steps down a previously charted -- and largely parallel --
path toward the local future of medical marijuana.

The Contra Costa County Board of Supervisors agreed to place an
urgency moratorium on any new medical marijuana dispensaries in the
county's unincorporated areas. That action comes after County
Supervisor Gayle Uilkema, the sponsor of the moratorium, heard
dispensaries might soon open in Pacheco, Rodeo and an unspecified East
County location.

On the other hand, Alameda County supervisors on Tuesday unanimously
approved a contract for an outside company to provide identification
cards to that county's medical marijuana users.

Just last week, Alameda County supervisors agreed to a map that breaks
down the county's unincorporated land into three areas, with no more
than one dispensary allowed to operate in each.

The geographical mapping goes along with a 2005 decision by Alameda
County supervisors to limit the number of clinics in unincorporated
areas to three, and to set up a permit application process.

Neither county's decision affects dispensaries within incorporated
cities.

The interim Contra Costa ban gives the county 45 days to study traffic
congestion, noise and other secondary effects of so-called "pot
clubs." The ban could be renewed for another 101/2 months, and then
another year beyond that.

Until now, zoning for these dispensaries has been lumped in with
retail establishments. "This is a relatively new land use," said
Contra Costa Supervisor John Gioia of Richmond. "It's new ground."

The moratorium would not restrict either of the two dispensaries, in
El Sobrante and Pacheco, already operating legally in Contra Costa's
unincorporated areas.

However, some at Tuesday's meeting saw the moratorium as a step toward
closing the centers down.

"I think this is a smokescreen," said Charles Kaiserlian, a
62-year-old business manager who says marijuana helps alleviate his
symptoms of leukemia.

Conversely, Alameda County supervisors' action Tuesday may have made
it easier for medical marijuana users to avoid legal headaches.

Alameda County Patient Services and its parent company, OCB
Cooperative Inc., will be in charge of verifying applicants'
eligibility and need for medical marijuana, as well as for collecting
fees and issuing the cards.

Alameda County's program is similar to the one Contra Costa set up
late last year for medical marijuana users. However, Contra Costa's
program has issued only 14 cards to date. Both counties' programs are
part of the California Department of Health Services' Medical
Marijuana Identification Card Program.

The identification cards address one of the shortfalls in the
Compassionate Use Act. While the act made medical marijuana use legal,
it put no system into place to identify patients who may use the drug
legally.

Jeff Jones, OCB Cooperative's executive director, said that while the
cards are not mandatory, they may be useful to people who fear legal
hassles from police, or who are worried about entering a dispensary to
buy medical marijuana. A patient now needs only proof that he or she
is a resident of the state and a doctor's note prescribing use of marijuana.

Jones, who estimates there are between 7,000 and 12,000 medical
marijuana users in Alameda County, said he anticipates OCB issuing
between 10,000 and 15,000 cards during the 18-month contract period.
The identification cards will expire after one year.

While there are no fixed prices for the cards, Jones estimates each
card will run about $50, with Medi-Cal patients to receive a
50-percent discount. It is estimated the California Department of
Health Services will receive $13 from each card, and the county's
public health department will receive $10, in both cases for
administrative costs.

The Alameda County Public Health Department is contracting the
identification card program to an outside business because the
department lacks the resources and knowledge necessary to run it.

For more information on the state's Medical Marijuana Identification
Card Program, visit http:/www.dhs.ca.gov/hisp/ochs/mmp/.