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Medical marijuana laws get continued scrutiny

By ERIC LINDBERG — Sept. 30, 2009

During their second attempt to beef up laws that regulate medical marijuana dispensaries, Santa Barbara city leaders listened through another lengthy session of public input before making decisions on several of many issues that have cropped up due to the proliferation of pot shops.

Along with agreeing that a cap on the number of dispensaries allowed to operate in the city would be appropriate, members of the ordinance committee moved toward requiring dispensaries that had been grandfathered in under the current ordinance to conform with the regulations within a shorter, six-month period.

However, time ran out before the committee could address other potential changes to laws concerning pot shops. Some community members have asked for stricter security, an increased buffer zone around schools and parks, and a moratorium on new dispensaries, citing an increase in crime and negative neighborhood impacts.

Others have urged city officials to protect access to medical marijuana for those who legitimately use the drug to treat chronic pain and other ailments.

At least 15 dispensaries exist in the city, ranging from several that have been approved by city officials but haven’t opened yet to others that are operating illegally. City leaders noted that it is unclear if the current regulations are sufficient, as many of the pot shops are operating outside the law.

“Our entire experience is with illegal dispensaries and ones that are currently non-conforming,” Councilmember Das Williams said, arguing that the city needs to speed up the process to get all dispensaries operating under the current rules. “That’s the only way we can even tell if our regulation is good or bad.”

That discussion spawned a proposal to shorten the period of time for non-conforming dispensaries to get in step with the rules, and the committee ultimately agreed to recommend that the full council drop that timeframe down from 18 months to six months.

“Since we did try to craft a rational ordinance and since we are trying to make more changes to that ordinance to make it better, I think it’s a reasonable change to reduce the amount of time the existing nonconforming dispensaries have to come into conformance,” Councilmember Dale Francisco said.

The committee also agreed that placing a cap on the overall number of dispensaries citywide is a good idea and agreed that it would be making a recommendation along those lines in the future, although the specifics of that plan will likely be ironed out when the discussion continues in the coming weeks.

“We do want a cap,” Williams said, adding, “We may want to parcel that out geographically.”

Responding to concerns expressed by residents of the lower Eastside community, where several dispensaries have sprung up along Milpas and Haley streets, he said a reasonable cap would certainly prevent any more pot shops from opening along the Milpas Street corridor.

But for many who spoke during the public comment period, including Superintendent Brian Sarvis of the Santa Barbara School Districts, there are already too many dispensaries in that area.

“We would prefer that you shut down the Milpas corridor altogether,” Sarvis said, describing how a student told him recently, “This stuff is becoming so easy to get we might as well put it in our vending machines.”

After continuing the hearing to a later date — which had yet to be determined — Williams warned those in attendance that public comment would likely be limited in the future unless geared toward a specific part of the ordinance up for discussion.

“If we spend the whole meeting listening to your concerns, we can’t do anything to strengthen the regulations,” he said.

Comment on this article

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Liberty and the pursuit of happiness : 9/30/2009

Marijuana should be legal not only for medical patients but for all adults who prefer it as a healthier alternative to alcohol. Join the movement to legalize, tax, and regulate marijuana for adults in California. Visit http://yes390.org

AB390


Loaded Liberty : 9/30/2009

Liberty does not include the pursuit of being stoned. If you want your weed bad enough, you can move to where it is legal and criminal organizations regulate the issuance of the drug: Amsterdam. It started with the government, but what a shocker, the criminal underworld has taken over the "legal" trade. Santa Barbara does not need it, California does not need it and our reeling society does not need it.

Clay-T


Running a public hearing : 9/30/2009

perhaps Das thinks public comment dominating two hearings in a row is a way to take the focus of the elected officials statements and actions. We heard all the same comments essentially last time [when Williams' "forbade" the Councilmembers from any discussion or questions--absurd!] --- why did he not close the "public" hearing to allow more deliberation. Bottom line--- the proliferation of these marijuana dealers stores is going to remain a black mark on the city's history. Even the City Attorney pointed out that the original Proposition 215 in no way contemplating this ridiculous "dispensary" notion. Not by a long shot. The intent--and I know cause i was a proponent at the time--was to allow for caretakers to grow and dispense for their patients. The sooner this fraud and fiction is eliminated--not only in SB but statewide--all the better. Someone ought to ask Williams if he supports a Statewide legislative cure---since he's running for state office. Ask him if only to watch him dance around it----as he does locally.

local


Our reeling society : 9/30/2009

We need to legalize it, regulate it, and tax it (to bring more money into this reeling society), just like all the other bad things some people can be addicted to (be it booze, cigarettes, etc.). Booze had the same problem during the Prohibition era with gangsters running the trade and taking all the profits. There are already laws on the books regarding public intoxication (be it booze or other substances). If you don't like it, YOU should move to Saudi Arabia, where all that is illegal and violators can be executed.

Our Society


brainwashed : 9/30/2009

if you are not objecting to drinking and you object to people being stoned for whatever reason you are brainwashed and lack ethics for perpetuating lies which you fell for and lack the concern for the truth. Marijuana is safer than water. Zoning etc.. is B.S. Your Amsterdam quote is fallacy. The govt. never legalized and forced open market to distribute. By not allowing dispensaries you are allowing your neighbors to sell out of their houses without your city collecting taxes. The sales are continuous you are fighting against taxes for your city. Now you lose even more by forcing it to go legal and smoke will be in your face.

420 owns old school brainwashed


Medicinal : 9/30/2009

Make a law that requires all dispensaries to have a licensed pharmacist on-staff to distribute the weed. Then watch the slow down of the proliferation of these on every corner. The reason its a huge business, is that you don't need any licensed person to work there, Pharmacists make 100k a year. See how many will open with that kind of overhead.

Duuuudee


Legalization of marijuana will kill dispensaries : 10/1/2009

The pro-pot forces should wake up and realize dispensary owners do not want legalization. Why not? It will kill their operating profits. Imagine a few post-legalization world scenarios: you could now buy marijuana at the liquor store. Or the state could mandate that county health clinics provide it at a uniform price. Or you could see multiple pot stores selling all kinds of high-end strains. But what won't happen is that you have to pay doctor's fees, card fees, or higher than street prices like you do at today's dispensaries. They like the medical marijuana game - they're making millions at it while hiding behind 'collective', 'patient', 'caregiver' and 'medicine' masks. It's in their interests to make sure full legalization never happens. Watch out pro-pot group, dispensaries are not on your side!

Downtown resident


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