San Mateo County Supes Pass Medical Marijuana Ordinance

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Medical marijuana clubs in unincorporated San Mateo County will be required to obtain a license from the county under a new ordinance passed Tuesday by the board of supervisors.

The supervisors said they wanted to lay out conditions for the cooperatives that would curb any illegal activity while still allowing for the distribution of medical marijuana, which was legalized in California in 1996 by Proposition 215.

The county law "really does strike a balance between our obligation under state law and our commitment to public safety," Supervisor Rose Jacobs Gibson said.

Supervisor Carole Groom said, "No one wants to see men and women suffer at the end of their life, and if medical marijuana can provide some relief, then I think that's something that we want to do in this county."

The ordinance says a cooperative cannot advertise marijuana; must have an alarm system, bars on windows and exterior lighting; must not employ felons; and must not be built within 1,000 feet of a school, recreation or youth center; and must not employ any felons.

The county licensing board will be responsible for reviewing applications and issuing the licenses.

The ordinance was passed more than 18 months after federal agents raided three medical marijuana dispensaries in San Mateo when the county district attorney's office reported they were operating illegally.

After the raids, supervisors directed the county counsel's office to draw up a model ordinance that cities could use to regulate cannabis clubs.

The county's ordinance only affects clubs operating in unincorporated areas, including two outfits that recently began distributing medical marijuana in the North Fair Oaks neighborhood near Redwood City.

The founders of one of those clubs, the Universal Healthcare Cooperative Corporation, which began distributing medical marijuana in February, criticized a provision of the ordinance prohibiting the sale of edible marijuana products.

Chris Doty, a member of Universal's board of directors, told the supervisors that a county parks employee who is going through chemotherapy and uses the cooperative prefers to ingest his pot rather than smoke it.

"For you to take away that part of his medicine I think would be very detrimental to his health," Doty told the board.

County Counsel Mike Murphy said the ordinance does not prohibit patients from making their own edible marijuana products once they take the pot home, but cooperative members said disabled patients might find it burdensome.

Jhonrico Carrnshimba, the president and chief executive of Universal, said language in the ordinance prohibiting "sales of cultivated marijuana" is unclear.

Carrnshimba said state law allows medical marijuana growers to be reimbursed for expenses, and he said co-op members offer cash contributions when they pick up their pot. But he doesn't know how the county will define "sales."

"The person who produced that medicine has to be reimbursed for their grow costs," Carrnshimba told the board. "The way that (the ordinance is) structured right now ... it doesn't allow for that."

The county ordinance will take effect 30 days after a second reading, set to take place on May 5.


News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Jose Mercury News
Author: Shaun Bishop
Copyright: 2009 San Jose Mercury News
Contact: sbishop@dailynewsgroup.com
Website: San Mateo County supes pass medical marijuana ordinance – The Mercury News
 
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