PLAN WOULD PUT POT CLUB IN HOSPITAL

OAKLAND - When it comes to medical marijuana, Alameda County may be on the
verge of going where no local government has gone before: setting up a
dispensary for medical cannabis at a county-owned hospital.

"I would like the county to do this," said County Supervisor Nate Miley,
who will present a proposal today to set up a marijuana dispensary at
Fairmont Hospital in San Leandro.

"It would help bring legitimacy to the whole medical marijuana situation."

It also may help cool a considerable amount of heat being generated within
the ranks over Alameda County's protracted efforts to come up with a law
regulating medical marijuana dispensaries.

Much of the heat comes from Sheriff Charles Plummer, who says he is so
frustrated by the lack of resolution that he has set a June 17 deadline for
the county to finalize a marijuana dispensary ordinance. Monday's public
meeting of the transportation and planning committee of the Alameda County
Supervisors is meant to get discussion going on the issue.

If the county misses the deadline, Plummer says he will cite federal law
and order his deputies to shut down the seven dispensaries now doing
business in unincorporated Alameda County.

He says he is not blowing smoke.

"If they don't come up with an ordinance, they will see this is the real
deal," he said.

Miley, a longtime advocate of medical marijuana, says the pressure applied
by Plummer has provoked creative thinking and is partly responsible for the
Fairmont dispensary proposal.

It would allow the county to help patients who need medical marijuana, he
says. But it would still impose the kind of tight regulations critics have
called for to counter dispensaries offering what they say is back-door
legal cover for people to smoke marijuana without legitimate medical need.

Miley's not ashamed to admit another key advantage: The idea is supported
by Plummer, and therefore could prevent a meltdown within the county ranks
over medical marijuana.

"It's brilliant," Plummer said of the Fairmont proposal. "I hate the idea
of selling marijuana, but on the other hand, we have a state law that says
some people should be able to get it. I think we should set up a program
that would be a model for everyone else to see."

Alameda County has held public hearings on an ordinance since last October,
striving to develop rules that reflect the strong voter support for medical
marijuana.

Reaching consensus on local regulations has been difficult, however,
because of the disconnect between state laws sanctioning medical marijuana
and federal laws that prohibit any possession, use or sales of the drug.

That conflict is at the heart of a legal case brought by Oakland medical
marijuana patient Angel Raich now pending before U.S. Supreme Court.

County Counsel Richard Winnie says a Fairmont dispensary would probably
involve leasing space at the hospital to an outside contractor who would
run the dispensary, not unlike other community organizations with which the
county contracts for medical services.

"There is the obvious question of whether the feds would attempt to
interfere," Winnie said. "But any questions of liability I believe could be
covered in our contract."

A spokeswoman for the federal Drug Enforcement Administration, Casey
McEnry, said she would not speculate on whether federal authorities would
try to stop a marijuana dispensary on county property.

"Selling marijuana is still in violation of federal law no matter where
it's sold," she said. "No agency is above the law."

A draft of Miley's proposal circulated by Winnie's office calls for
allowing five dispensaries to operate in unincorporated county areas, under
permits administered by the county.

That means at least two dispensaries now operating in unincorporated areas
of Hayward and San Leandro would have to shut down if the law is passed.

In addition, the proposal would draw five districts in the unincorporated
areas and allow only one dispensary per district in order to enhance
geographic access to dispensaries, while guarding against the clustering of
clubs in certain neighborhoods.

But the idea would impact operations of at least two existing clubs because
three dispensaries currently operate within a two-block area of East 14th
Street in San Leandro.

"It troubles me that this law focuses on hard numbers and geographic
districts without addressing specifically how well an existing club is
run," said Sparky Rose, executive director of Compassionate Caregivers,
which operates one of the dispensaries on East 14th Street. "More than
anything, this law should be about helping the best-run organizations
operate in the best way possible to meet the needs of patients."

Rose said he is proud of the Compassionate Caregivers operation, and would
be interested in seeking a county contract to run the Fairmont dispensary.

Supervisor Scott Haggerty, who is dead set against any county permits for
neighborhood dispensaries, said the Fairmont proposal is likely one he
could support.

County Health Director Dave Kears said he also sees positive aspects to
Miley's idea but wonders if the strict approach suggested by a Fairmont
operation would send patients looking elsewhere for their medical marijuana.

"The only question is, if you really run this the right way, would anybody
come?"

If You Go

What: Discussion of proposed medical marijuana ordinance by Alameda County
Board of Supervisors, transportation and planning committee

When: 2 p.m. today

Where: County Administration Building, 1221 Oak St., Oakland Room 477,
fourth floor