Pinch
Well-Known Member
Sausalito, CA - City wants time to consider regulations. A bid to set up a medical marijuana dispensary in Sausalito has prompted city officials to consider a temporary ban.
Tomorrow, the City Council will consider a 45-day moratorium on approval of medical marijuana dispensaries to enable officials to study whether regulations should be developed to oversee medical pot clubs.
The only medical marijuana club in Marin operates in Fairfax, and an official there made it clear she does not welcome "outsiders."
Sausalito Community Development Director Paul Kermoyan said the city has received several inquiries regarding medical marijuana outlets in town and recently received an application for one that would be called Sausalito Compassionate Care, at 350 Gate 5 Road in the Marinship area.
"We realized our municipal code does not speak specifically to these uses," Kermoyan said. "We do not currently have zoning standards that discuss this relatively new issue.
"The intention of the 45-day period is to allow cities the time to research standards that could help govern these facilities within Sausalito," he said. "It is like a time-out to take a step back, to look at the issues before we make any decision. Zoning provisions are intended to protect the public health, safety and welfare, so it is important to have zoning standards in place to achieve that goal."
City staff would use the time to explore what other cities have done and review laws.
"At that point either we will recommend an ordinance or recommend extending the moratorium," Kermoyan said.
The Marinship Specific Plan allows "medical services - clinics and laboratories" as permitted uses. It is unclear whether a medical marijuana dispensary qualifies.
"We will research if we have a definition in place that would cover this type of use," Kermoyan said.
City Manager Dana Whitson said the city could consider requiring background checks of operators, building security issues and proximity to schools, parks and churches.
"Those are all considered sensitive uses," Whitson said.
The Sausalito application for a dispensary was filed by Richard Marino, owner of Capitol Compassionate Care Co-op based in Fort Bragg.
A document provided to the city by Capitol Compassionate Care presented the organization's "model of operation" that includes requiring employees to be at least 18 years old, submitting fingerprints and conducting background checks.
It states signs would be posted informing patients that they are not to use marijuana at the dispensary.
In September 2004 the Drug Enforcement Administration served federal warrants at Marino's Capitol Compassionate Care in Roseville, near Sacramento, and his residence in Newcastle, said Gordon Taylor, agent in charge of the DEA's Sacramento office. More than 500 marijuana plants were confiscated, Taylor said.
The facility, which opened in January 2004, closed last fall.
"No arrests were made; however, there have been federal forfeiture proceedings at both properties," Taylor said. "We referred this matter to the U.S. Attorney's Office for review."
While Marino broke federal law, he did not break state law.
In 1996, California voters approved Proposition 215, which allows the use of medical marijuana for patients who have a doctor's recommendation.
The federal government says the cultivation, possession and distribution of marijuana is illegal.
"In order for a drug to be approved in the U.S. for medical treatment, it must undergo rigorous scientific and medical testing and it must be proven to be both safe and effective for medical treatment," Taylor said. "Thus far, marijuana has not passed the safe and effective test and therefore it remains a prohibited controlled substance."
The U.S. Supreme Court is expected to rule this year on whether federal bans override laws in California and nine other states.
"It is silly to consider any other dispensary until the Supreme Court decision is made," said Lynnette Shaw, who founded the Marin Alliance for Medical Marijuana in Fairfax nine years ago. Two years ago, it reported marijuana sales of more than $1 million.
"I am not in support of outsiders coming into Marin County because they do not understand that I have 84 conditions under which I function which have kept us the safest and most upstanding in the state," Shaw said. "You cannot just come in and set up on the corner. It is an emotional and crucial job that takes a lot of knowledge of the area and people."
Compassionate Care says its mission includes working "in conjunction with county health departments to provide medicinal cannabis services to eligible, qualified patients in adherence to California regulatory and legislative guidelines."
But Taylor maintains, "It is a widespread misperception that most people who use marijuana for claimed medical purposes are seriously or terminally ill."
Several Bay Area jurisdictions have delayed new dispensaries as they consider regulations.
San Francisco has a 45-day moratorium on new medical marijuana clubs in effect.
MEETING
The Sausalito City Council will consider a 45-day moratorium on medical marijuana dispensaries at 7 p.m. tomorrow in City Hall at 420 Litho St.
Source: Marin Independnt Journal
Copyright: ©1999-2005 by MediaNews Group, Inc. and ANG Newspapers
Contact: Carla Bova via e-mail at cbova@marinij.com
Website: www.marinij.com/Stories/0,1413,234~24407~2872041,00.html
Tomorrow, the City Council will consider a 45-day moratorium on approval of medical marijuana dispensaries to enable officials to study whether regulations should be developed to oversee medical pot clubs.
The only medical marijuana club in Marin operates in Fairfax, and an official there made it clear she does not welcome "outsiders."
Sausalito Community Development Director Paul Kermoyan said the city has received several inquiries regarding medical marijuana outlets in town and recently received an application for one that would be called Sausalito Compassionate Care, at 350 Gate 5 Road in the Marinship area.
"We realized our municipal code does not speak specifically to these uses," Kermoyan said. "We do not currently have zoning standards that discuss this relatively new issue.
"The intention of the 45-day period is to allow cities the time to research standards that could help govern these facilities within Sausalito," he said. "It is like a time-out to take a step back, to look at the issues before we make any decision. Zoning provisions are intended to protect the public health, safety and welfare, so it is important to have zoning standards in place to achieve that goal."
City staff would use the time to explore what other cities have done and review laws.
"At that point either we will recommend an ordinance or recommend extending the moratorium," Kermoyan said.
The Marinship Specific Plan allows "medical services - clinics and laboratories" as permitted uses. It is unclear whether a medical marijuana dispensary qualifies.
"We will research if we have a definition in place that would cover this type of use," Kermoyan said.
City Manager Dana Whitson said the city could consider requiring background checks of operators, building security issues and proximity to schools, parks and churches.
"Those are all considered sensitive uses," Whitson said.
The Sausalito application for a dispensary was filed by Richard Marino, owner of Capitol Compassionate Care Co-op based in Fort Bragg.
A document provided to the city by Capitol Compassionate Care presented the organization's "model of operation" that includes requiring employees to be at least 18 years old, submitting fingerprints and conducting background checks.
It states signs would be posted informing patients that they are not to use marijuana at the dispensary.
In September 2004 the Drug Enforcement Administration served federal warrants at Marino's Capitol Compassionate Care in Roseville, near Sacramento, and his residence in Newcastle, said Gordon Taylor, agent in charge of the DEA's Sacramento office. More than 500 marijuana plants were confiscated, Taylor said.
The facility, which opened in January 2004, closed last fall.
"No arrests were made; however, there have been federal forfeiture proceedings at both properties," Taylor said. "We referred this matter to the U.S. Attorney's Office for review."
While Marino broke federal law, he did not break state law.
In 1996, California voters approved Proposition 215, which allows the use of medical marijuana for patients who have a doctor's recommendation.
The federal government says the cultivation, possession and distribution of marijuana is illegal.
"In order for a drug to be approved in the U.S. for medical treatment, it must undergo rigorous scientific and medical testing and it must be proven to be both safe and effective for medical treatment," Taylor said. "Thus far, marijuana has not passed the safe and effective test and therefore it remains a prohibited controlled substance."
The U.S. Supreme Court is expected to rule this year on whether federal bans override laws in California and nine other states.
"It is silly to consider any other dispensary until the Supreme Court decision is made," said Lynnette Shaw, who founded the Marin Alliance for Medical Marijuana in Fairfax nine years ago. Two years ago, it reported marijuana sales of more than $1 million.
"I am not in support of outsiders coming into Marin County because they do not understand that I have 84 conditions under which I function which have kept us the safest and most upstanding in the state," Shaw said. "You cannot just come in and set up on the corner. It is an emotional and crucial job that takes a lot of knowledge of the area and people."
Compassionate Care says its mission includes working "in conjunction with county health departments to provide medicinal cannabis services to eligible, qualified patients in adherence to California regulatory and legislative guidelines."
But Taylor maintains, "It is a widespread misperception that most people who use marijuana for claimed medical purposes are seriously or terminally ill."
Several Bay Area jurisdictions have delayed new dispensaries as they consider regulations.
San Francisco has a 45-day moratorium on new medical marijuana clubs in effect.
MEETING
The Sausalito City Council will consider a 45-day moratorium on medical marijuana dispensaries at 7 p.m. tomorrow in City Hall at 420 Litho St.
Source: Marin Independnt Journal
Copyright: ©1999-2005 by MediaNews Group, Inc. and ANG Newspapers
Contact: Carla Bova via e-mail at cbova@marinij.com
Website: www.marinij.com/Stories/0,1413,234~24407~2872041,00.html
