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San Francisco permits cannabis outlets |
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Written by Chris Conrad
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Wednesday, 08 February 2006 |
Most of the city’s existing dispensaries to stay open
An ordinance to regulate San Francisco medical marijuana sales, authored by District 5 Supervisor Ross Mirkarimi, won approval Nov. 15. The measure was hashed out in a gauntlet of neighborhood groups, patients, cannabis providers, activists, media hype, law enforcement agencies and internal Board politics, but came through in surprising good form.
“It enacts a number of zoning restrictions and guidelines for existing and new dispensaries,” said Mirkarimi. “New dispensaries face a Public Health and Planning Dept. hearing to make sure their applications conform to city policies."
 After months of debate, San Francisco Supervisors adopted an ordinance to keep most of the County's medical marijuana dispensaries open for business, such as the Green Cross, shown here. Photo by Marcy Boas Under the new code, licensed cannabis dispensaries can operate
throughout the city but must be situated 500 feet or further from a
school. About 35 existing clubs would be exempt from the city’s zoning
requirements, but must abide by the new county health provisions, which
forbid clubs to allow smoking at any facility within 1,000 feet of a
school.
The provision would essentially ban cannabis smoking
at 13 dispensaries, but the phrase “unless not required by state law”
leaves the door open for an interpretive ruling by the state Attorney
General’s Office. State law bans cigarette smoking only within 25 feet
of a school.
While the ordinance allows most clubs to stay open,
it makes it harder for new clubs to come to the city and for existing
clubs to relocate. Both the Green Cross and Mendocino Health
Alternatives are seeking to relocate and would be considered as new
dispensaries. Dispensaries were also excluded from residential and
industrial districts, which affects the Vapor Room and Re-Leaf Herbal
Center.
In a last-minute amendment by Sup. Michela
Alioto-Pier, the ordinance tightened its guidelines for patients,
setting a maximum cannabis purchase of one ounce at a time and
possession of eight ounces without arrest. Patients are also extended
immunity to grow 24 cannabis plants each or 25 square feet total of
garden canopy, not 99 plants in 100 square feet, as was proposed.
However, each patient may designate more than one caregiver to possess
a similar amount for them.
HopeNet raided by feds
The ordinance was tested Dec. 20, when federal DEA
(Drug Enforcement Administration) agents raided a home and buildings
where medical marijuana was allegedly grown. An action alert from
Americans for Safe Access and others drew nearly 100 demonstrators to
quickly gather outside the Hopenet Medical Cannabis Cooperative. The
well respected 1000-member collective provides free medicine to over 40
seriously ill, low-income patients. Hopenet directors Steve and Cathy
Smith were detained and released in time to join a press conference in
front of the dispensary, along with Supervisor Chris Daly and a
spokesman from Rep. Mark Leno’s office.
 Steve and Cathy Smith, directors of HopeNet, went to San Francisco City Hall on Jan. 11 to hold a compassionate medical marijuana giveaway to 20 indigent patients after a federal raid on their home and dispensary. Photo by Michael Aldrich
After a five-hour standoff, drug agents left without
entering the dispensary, returning in the early evening hours, after
the protesters were gone, to finish the raid.
On Jan. 11 there was a support rally and press
conference followed by a compassionate giveaway outside City Hall. The
Smiths and others distributed medicine to 20 HopeNet patients. Several
political leaders were represented at the press conference expressing
support, with statements from SF Mayor Gavin Newsom, Assemblyman Mark
Leno (D-SF), Senator Carole Migden (D-SF) and SF District Attorney
Kamala Harris. Supervisor Chris Daly spoke at the press conference.
Supervisor Mirkarimi, speaking at the compassionate giveaway, said the
raid showed that County officials need to know what the federal
government is up to. “No matter what legislation we craft, we always
have to look over our shoulder.”
The Drug Policy Alliance played a key role in
negotiating the dispensary approval process, and DPA spokesperson
Camilla Field was present at the giveaway.
“In this time of gross overextension of our federal
resources both abroad and at home,” said Field, “it is disgraceful that
our government deems it acceptable to waste valuable taxpayers’ dollars
targeting the medical cannabis community.”
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Chris Conrad |
| About the author: |
| Staunch supporter of Oaksterdam News
Chris Conrad has studied cannabis (marijuana) since 1988. He has written two books on the topic and contributed to others. Familiar with numerous books and at least 100 scientific studies, such as federal Drug Enforcement Administration (DEA) and National Institute on Drug Abuse data. Reported on cannabis dispensaries for California legislators. Consults with government agencies. Testified at National Academy of Science, Institute of Medicine hearings. Regularly consults with physicians including some of the world’s foremost authorities on cannabis and patients as to their knowledge and experiences regarding cannabis.
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Last Updated ( Friday, 04 August 2006 )
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