STILL NOT SMOKING

City Hall Accused Of Dragging Feet On Medicinal Marijuana

CITYWIDE Word spread quickly about the Herb King on Main Street and
the owner's recent decision to dispense medical marijuana. So
quickly, in fact, that the midnight tokers barely had enough time to
exhale before City Hall put a chokehold on the herbalist,
effectively chasing it out of town.

While medical marijuana dispensaries are allowed under state law and
have sprouted up all over Southern California, city officials have
not allowed them to set up shop in Santa Monica.

That could change following a recent report by city planners
outlining several ways in which the operations could be regulated to
cut down on their impact on the community.

Dispensaries offering marijuana to qualified patients could be
forced to apply for a conditional use permit that would limit their
hours of operation and place other restrictions on the owner. The
City Council could limit dispensaries to certain areas of the city
that are at least 1,000 feet away from schools, parks, religious
centers and day care facilities.

"Every community is different (in how they choose to regulate
dispensaries) and every community is unique when it comes to their
tolerance level," said Jing Yeo, a senior city planner who looked at
the ways in which 26 cities and eight counties regulate medical marijuana.

PLANTING THE SEED

Allowing medical marijuana dispensaries became an issue for Santa
Monica in February, when entrepreneur Nathan Hamilton asked the
council to allow him to open up shop on the 2200 block of Main
Street. Hamilton, who now operates a dispensary in Tarzana, said
there is a strong need for a dispensary in the city, citing
at least 50 patients at his Tarzana facility who are Santa Monica
residents and would much rather go to a location closer to home.

When Hamilton made his request, there were no zoning codes covering
dispensaries, which makes them a prohibited use in Santa Monica. The
council instructed city staff to look into the issue and study how
other governing bodies have handled it.

Since then, Herb King began to distribute medical marijuana,
furthering the need for an official response. Representatives from
Herb King did not return phone calls seeking comment.

While the federal government considers smoking and possessing pot
illegal -- cracking down on dispensaries and cannabis clubs --
medical marijuana is permitted under the state's Compassionate Use
Act, which was approved by voters in 1996. The law, in part, made
legal the use of marijuana for medical purposes to qualified
patients and their caregivers.

The law was further enhanced by SB 420, which went into effect in
January 2004 and created a state-approved medical marijuana ID card
program. The law established guidelines as to how much marijuana a
patient or caregiver can possess and provided
additional protections from state marijuana laws,
including possession, transportation, distribution, importation and
maintaining a place for selling, giving away or using a controlled substance.

Furthermore, the law authorizes patients with IDs to associate with
one another in order to collectively or cooperatively cultivate
medical marijuana.

YOU GOT THE MONEY? YOU GOT THE STUFF?

Hamilton said his Santa Monica dispensary would operate much like a
collective, in that it would be a nonprofit dedicated solely to the
health of its members and not the wallets of its investors.

Patients would enter the dispensary, which would be guarded and
protected, and choose from a selection of buds, paying only a
suggested donation. The money would then go back to the growers to
help them continue cultivating the medicine. As the manager,
Hamilton would receive a salary.

It is better to operate in that fashion because it cuts down on
greed, which distorts the true nature of dispensaries, Hamilton
said. It also cuts down on the illegal drug dealers and gangs who
are trying to take over the market.

When businesses like Herb King sell pot without a permit, it makes
other dispensaries look bad and makes it more difficult for those
who are legit to get cities like Santa Monica to let them in, said
Hamilton, who said he was angered by Herb King's move and frustrated
by how long it has taken city staff to issue their report on the issue.

"I wish they would stop lagging," said Hamilton, who said he has
spent roughly $40,000 for the lease to his Main Street location,
which sits empty. "I've been holding onto this lease in hopes that
they would make a decision, but all they've done is kind of shine me
on for the past year.

"I was basically told that the council doesn't find this subject to
be important enough to put on the agenda ... I tried that (Tuesday)."

Mayor Richard Bloom, who helps set the council agendas, said that
the regulation of dispensaries won't likely be discussed any time
soon, however, that could change if one of his colleagues, or city
staff, chooses to discuss it.

Bloom said he is not in favor of placing a dispensary in Santa
Monica, given the concerns expressed by Santa Monica Police Chief
Timothy Jackman, and the fact that there are 17 dispensaries located
within a 5-mile radius of the city, and an additional 33 within a
10-mile radius.

"I don't think there is an issue of necessity that would make us
change existing zoning law to allow this use," Bloom said. "I'm
sorry, but I don't feel bad knowing that people have to drive a
couple of miles to access this kind of business."

BUZZKILL: THE POLICE POSITION

In the report to council, Jackman listed several concerns, one being
possible raids by the federal government. Jackman said the DEA is
increasing its efforts to shut down dispensaries and has conducted
several raids in Los Angeles and West Hollywood. The raids have
often been conducted without notification to local law enforcement.

Other concerns expressed by the police chief had to do with
secondary effects, such as how patients are paying for the cannabis
and any potentially illegal activities they may resort to if unable
to pay for the marijuana.

Jackman also had concerns about the transportation of the marijuana
from the growers to the dispensary, and about the profitability of
such businesses. If they see sales drop, would the dispensaries sell
illegal drugs to make ends meet?

Other police departments have expressed concerns about a criminal
element being drawn to dispensaries, resulting in street dealers
trying to sell buds at lower prices. There are also those who worry
about burglary attempts on dispensaries.

Bloom said another thing to consider is the impact these businesses
would have on pedestrians and the experience Santa Monica is trying to create.

"I think this really flies in the face of the pedestrian friendly
atmosphere we are seeking," Bloom said. "These dispensaries have
high security, covered windows, and on top of that, you have a
situation where the federal government is looking to raid
these businesses. I don't think that is a positive thing for the community."

Supporters of dispensaries say they are providing a valuable public
service, helping patients who are suffering from HIV/AIDS, cancer
and other ailments. They said properly run dispensaries pose no
serious risk to public safety and have safeguards in place.

At Hamilton's Tarzana facility, which city planners visited,
patients are required to fill out a registration form showing
evidence of a physician's recommendation and designating the
dispensary to be their primary caregiver. A supplemental form
requires that the patient agree to not re-sell the medical cannabis
and not to loiter around the dispensary.

Due to the number of burglaries that have occurred at dispensaries,
the waiting room was separated from the consultation area by
bulletproof glass and doors, city staff said.

The dispensary operates similar to a medical office with a file for
each patient detailing dosage history. Hamilton said that he
monitors the dosage for each patient and that no more than one ounce
of marijuana is permitted per visit, unless the patient has a
physician's exemption.

The pot is displayed within a glass case in jars or packaged ready
for purchase, such as with edible brownies, muffins or cookies. None
of the products were grown on-site and extra inventory was stored in
a safe. Smoking or eating the cannabis was not permitted on site.

Hamilton is holding out hope that a Councilmember will agendize the
issue so that he can have a fair shot at convincing elected
officials that allowing dispensaries is better than doing nothing
because more groups will try to penetrate and operate under the
radar, creating an unsafe situation.

The tolerance seems to be there, judging from the last election, in
which 65 percent of Santa Monica voters agreed to make private,
adult marijuana use the lowest law enforcement priority for the
police department. Measure Y also requires the council to monitor
any complaints, and the city clerk to send annual notice of the
priority to federal and state representatives.

"The people want it, so why can't they move forward on this issue?"
Hamilton asked. "I have patients calling me every day who are waiting."