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The Medical marijuana movement grows in Santa Barbara PDF Print E-mail
Written by Paul Wellman   
Saturday, 04 August 2007

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Looking more like trendy coffee shops than the shadowy hives of villainy that opponents make them out to be, dispensaries offer a wide range of cannabis products from muffins and ice cream to dozens of strains of flowers, hash, and THC concentrates.  Oaksterdam Media photos courtesy of Paul Wellman

In a small two-bedroom home, nestled anonymously on the upper Westside of Santa Barbara, the lights are humming right now. Vaguely Victorian in style with a white picket fence and a well-manicured front lawn, the home does little to betray the blooming emerald harvest growing inside its walls. A woman walking her dog passes by the driveway, urging her four-legged friend to "do your business," never giving a second thought to the perpetually drawn window shades of the back room, the constantly spinning electricity meter humming in the side yard, or the sweet odor of fresh ganja blowing in the breeze.

Far from a typical closet marijuana growing operation, medical marijuana gardens—enjoying the freedoms of state legal status—often employ sophisticated technologies to produce some of the highest-grade marijuana known to humans.

On the inside, behind a series of remarkably unlocked doors, several dozen marijuana plants grow under the warm white glow of two high-wattage light bulbs. The room is tropical and welcoming, a meticulously built and cared for growing space complete with COv(2) generators, fans, high-tech venting, massive air filters, digital ballasts, and an atmospheric control panel that not only governs the humidity but also powers an iPod to play smooth jazz when the lights are off. In a matter of days, this secret garden will yield at least four pounds of high-grade medicinal cannabis known as "purple kush"—every gram of it, at least in the eyes of our town's law enforcement, completely legal while simultaneously being, in the esteem of the federal government, unfailingly illegal.

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Medical marijuana gardens enjoying the freedoms of state legal status, employ sophisticated technologies... Oaksterdam Media photos courtesy of Paul Wellman

Even with its state legality proven by a wall full of photocopied doctors' recommendations and a notebook filled with legal documents naming the tenant of the house as the "primary caregiver" for several medical marijuana patients, standing in the grow room feels undeniably like an illegal act. After all, we live in a country that's been culturally conditioned to view cannabis as criminal since the drug was banned in 1937. Sensing my discomfort, my host patted me on the back. "I know it takes some getting used to, but try and relax, man. It's medicine," he smiles, "no different than going to a Tylenol factory."

Despite being a Schedule 1 illicit substance in the eyes of the federal government, and the State of California, for that matter, literally thousands of Santa Barbarans are legally consuming marijuana with their doctors' approval (pictured above, sans the ganja leaf).

Unlike Tylenol, of course, you can't just pick up your daily marijuana dose at Rite Aid or Vons—though, as of late, it has become just about that easy for people with a doctor's recommendation. To that end, after this herb has been dried and properly manicured, it will be delivered to one of at least 10 medical marijuana dispensaries within Santa Barbara city limits where it will fetch up to $20 a gram from patients looking for the purple kush's trademark high, now famous for its pain-killing powers. And, just like Tylenol or any prescription medicine, chances are the kush will come in a traditional pill bottle complete with warning labels and instructions.

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SCHEDULE 1 ILLICIT SUBSTANCE -- in the eyes of the federal government, and the State of California, for that matter, literally thousands of Santa Barbarans are legally consuming marijuana with their doctors’ approval (pictured above, sans the ganja leaf). Oaksterdam Media photos courtesy of Paul Wellman

Welcome to the 2007 version of reefer madness, where in Santa Barbara, there are more marijuana markets than Starbucks and thousands of citizens, with their doctor's approval, are legally lighting up every day. But with business booming in this multimillion-dollar cottage industry, law enforcement agencies are left scratching their heads at how to navigate the unprecedentedly ambiguous legal haze blurring the lines of what's cool and what's criminal. What's most cool, though, is that regulations appear to be on the way, and, surprisingly, they're not coming from the government: Santa Barbara's marijuana industry is starting to self-regulate, and for everyone—from growers and sellers, to patients and police—that should be good news.

A Hazy History

It's been 11 years since California voters bucked a six-decades-old federal prohibition on marijuana and approved Proposition 215, effectively making it legal for adults who have a doctor's permission to grow and use cannabis for medical purposes. Though critics feared such a vote would open the floodgates for criminal chaos, the result has been quite the contrary. At first, only a few outposts quietly opened their doors to dispense the forbidden herb to AIDS patients, cancer victims, and assorted others. Like a group unsure if the lake had frozen enough to walk across, these strong-willed activists treaded lightly, spoke in whispers, and prepared for the worst.

Things took a turn in 2004 with the passage of California Senate Bill 420, which gave slightly more specific protections for patients, distributors, and doctors who recommend cannabis. That nod from the state legislature allowed cannabis clubs and marijuana-smoking (and -eating) patients to step out of the shadows and onto the ice. From Eureka to San Diego, literally hundreds of clubs opened and tens of thousands of Californians got their doctor's permission to toke. Nearly one dozen other states ratified similar laws, including Oregon, Colorado, Arizona, Maine, Montana, and, just last month, New Mexico.

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Josh Braun owner of Hortipharm Caregivers. Oaksterdam Media photos courtesy of Paul Wellman

Here on the South Coast, only two dispensaries walked on the thin ice of the pre-2004 era. In nondescript storefronts, operating almost anonymously behind locked doors and thick security glass, the Compassion Center and Santa Barbara Patients' Group survived robberies, public scorn, skeptical landlords, and the ever-present threat of a federal raid. The guarded hush-hush behavior continued without incident for years until about two years ago, when Santa Barbara's medical marijuana dispensaries grew exponentially almost overnight. That proliferation was further supported last November, when an overwhelming majority of Santa Barbara voters passed Measure P, making adult use of marijuana—both medical and non-medical—the lowest law enforcement priority. Today, there are 10 fully functioning dispensaries within city limits, plus a couple more in the planning stages (including the first one ever in Goleta due next month). For a relatively small town, the amount impresses everyone in the trade.

While certainly aware of them, spokespeople from every local law enforcement agency admitted to some sticker shock when informed of the recent rise in clubs. Most were not aware the number had grown past the initial two, let alone increased five-fold in less than 20 months. As S.B. County District Attorney Christie Stanley remarked upon hearing the news, "You're kidding me? Wow, that's something I didn't know."

In fact, not knowing is exactly the problem for everyone involved, due to the murky nature of medical marijuana's legality. Because Senate Bill 420 is in direct opposition to federal law, Sacramento was reluctant to fill it with the teeth of regulations and bite of enforcement they would normally assign to such landmark legislation. As a result, the system is devoid of checks and balances and even lacks a unilateral understanding of what the law means. For example, in Santa Barbara, the only hurdle a would-be dispensary needs to clear in order to open is the simple act of securing a business license from the city. There are absolutely no other obstacles in the way, which, for a federally illegal drug, tends to raise some eyebrows.

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Flowering medical marijuana -- Oaksterdam Media photos courtesy of Paul Wellman

"It's such a grey area," Santa Barbara police spokesperson Paul McCaffrey said recently. "Basically [with the right paperwork], you can get a bunch of marijuana—or start growing it—and then sell it as medical marijuana. As appalling as it seems, you are essentially untouchable to us. … It's not just a reality, but also state law."

The Santa Barbara County Sheriff's Department takes a slightly more aggressive stance and, as a result, only one dispensary currently exists in its contracted communities—though at least two other clubs are looking to open soon in the North County.  Though  deputies regularly let people go who can prove they are "legal" cannabis consumers, Raney guaranteed "debatable" infractions were always investigated and usually led to an initial arrest, though not always actual charges. District Attorney Stanley could recall only two instances of such prosecution in the past 11 years: one was a Buellton club that was shut in 2006 (but has since reopened) and the other was a woman who was growing "too much" medical marijuana (though she was allowed to keep the 70-plus plants for which she had proper paperwork).

Clearing the Smoke

With this in mind, a longtime grower from Mendocino, who's been supplying marijuana to Santa Barbara and many other areas south of Point Conception since the 1960s, made an observation recently that perhaps sums up everything currently happening with medical marijuana: "Make no mistake: This is a golden age we are living in. One way or the other, the door will be slammed shut on this within five years. I guarantee it. I don't know if it will be federal regulation and taxing, total legalization, or a change back to how things used to be, but it's going to change. It has to."


Last Updated ( Sunday, 05 August 2007 )
 
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