SUPES TRY TO TWEAK RULES ON POT CLUBS

The Alameda County Board of Supervisors met Tuesday morning to read
and discuss amendments to their June ordinance regulating medical
marijuana dispensaries.

Community and board members expressed concern about crime at the
clinics, conflicts between state and Federal law, and how to safely
distribute medical marijuana to qualified patients. The new amendments
aim to address these issues.

"The bottom line is that there will be no more than three clubs, and
there's a potential that there will be even less than that," said
Supervisor Nate Miley. "If any of those clubs are causing any
difficulty, we will have the tools and the means to address it."

Nancy Van Huffel spoke on behalf of the San Lorenzo Village
Homeowners' Association. She suggested dispensing marijuana at
Fairmont Hospital, or having dispensaries pay for sheriff's deputies
stationed outside each clinic.

"We've had eight different crime incidents recently," Van Huffel
pointed out. "We do need to deal with it and take more serious steps
than we've been taking."

County Counsel Richard Winnie pointed out the "disconnect" between
Federal and state law. California voters passed Proposition 215 in
1996 legalizing marijuana for medical purposes.

However, the Federal government has prosecuted other local governments
that operated marijuana dispensaries. County legal staff is
researching whether this would occur should the county make a facility
available but not participate in running the clinic.

Ashland resident David Cota said that dispensary customers can visit
several of the stores in one day, and that there is no system among
the dispensaries to limit these multiple purchases.

He suggested that the marijuana be dispensed from one centralized
location "away from neighborhoods and communities" to protect patients
and residents.

Supervisor Nate Miley told the speakers that he shared their
frustration. He said he hopes the new ordinance amendments will
address all the problems reported at clinics, including crime, litter,
neighborhood disruption, patron behavior, traffic, parking, and
medical eligibility of customers.

"There is abuse, and the abusers are the ones who are ruining it for
people who are going through terminal illnesses," agreed Supervisor
Scott Haggerty.

Recent crimes around the pot clubs include the carjacking and robbery
of a female patron near The Health Center (15998 East 14th St.) on
Sept. 26, a burglary at the Alameda County Resource Center (16250 East
14th St.) on Sept. 12, and the shooting death of a robbery suspect
outside A Natural Source (16360 Foothill Blvd.) on Aug. 19.

The Board had given the six pot clubs in unincorporated Alameda County
until Aug. 30 to submit applications for permanent operation. Only
three of the six met the deadline, and the remaining three had been
told by the Sheriff's Department to close by Sept. 30. They appealed,
saying the application process intruded on employees' privacy.

Miley says that the new application will still be stringent. It will
require a mission statement, a store security plan, mitigation plans
for adverse impacts on the community, plus home addresses, social
security numbers, and background checks on all employees.

Clinics will be subject to audit and their locations scrutinized
carefully. While the appeal process goes on, all six pot clubs remain
open. After a second reading of the ordinance amendments on Oct. 11,
board members may approve the new permit application form.

If supervisors approve the application, the remaining three clinics
will have 10 days to apply. If they miss that deadline they will be
ordered to close, along with any clinic whose application is rejected.
The county Sheriff will approve or deny the permits.

The exact timeline for clinic closures was debated at the Oct. 4
meeting. Supervisor Alice Lai-Bitker compared the facilities to liquor
stores, pointing out that liquor stores without proper licenses are
closed immediately.

The board will discuss with county legal staff whether or not this has
bearing on the marijuana clubs, or whether dispensaries will receive a
30-day notice to close.

The next Board of Supervisors meeting on the issue will be on Oct. 11
at the County Administrator's Building, 1221 Oak St., fifth floor,
Oakland.

The meeting is scheduled to begin at 10:30 a.m. All regular Board of
Supervisors' meetings held in the Board Chamber can be heard live on
the internet at www.acgov.org. Click on the "Board of Supervisors
Meeting -- LIVE! Broadcast" link.