Santa Barbara city leaders took a big step toward outlawing for-profit medical marijuana shops yesterday evening by expressing support for new regulations that would only allow nonprofit patient collectives that conform to state guidelines.
After three and a half hours of impassioned discussion, the city council voted unanimously to have a committee tackle the difficult task of crafting laws that jibe with recently released guidelines from the attorney general’s office outlining exactly what should be considered a legal medical marijuana operation.
City officials had a bit more difficulty when discussing a proposed moratorium on new and pending applications for dispensaries, but ultimately agreed on a 4-1 vote to consider the concept at a future hearing.
“We’ve sort of let the cart go before the horse,” City Councilmember Iya Falcone said in expressing her strong support for such a moratorium. “We’ve been playing catch-up ever since. It’s time to stop. It’s just time to stop right now and take a breath.”
A shift toward the nonprofit collective model appears to be largely in step with state guidelines, a fact that nobody on the council disputed. How to reach that model is a more difficult task, particularly given the constantly changing legal landscape surrounding medical marijuana and the difficulty of spelling out the precise definition of a collective.
JoAnna LaForce, a local resident and clinical pharmacist who operates a collective in Los Angeles, said the collective model could include a storefront operation. In fact, she argued that most patients want that open, pharmacy-like atmosphere.
“They don’t want to meet and grow their own cannabis, they don’t want to make their own brownies,” she said.
Other speakers, such as Santa Barbara School Districts Superintendent Brian Sarvis, said storefront dispensaries are too much of a risk, particularly when they are located near schools or areas where children congregate.
“It sends the wrong message to our kids,” he said. “Too many of our kids show up high or with marijuana to sell. And yes, they tell us they get it at the dispensary.”
Local leaders have been struggling with how to ensure legitimate patients receive medical marijuana while still protecting neighborhoods from negative impacts for several years. A set of regulations went into effect last year, but city officials continued to receive complaints about the proliferation of new dispensaries.
Currently, the city is aware of one permitted dispensary that is open, eight that are in the approval pipeline, four that opened before the city established regulations and are considered nonconforming, and three illegal shops that are facing enforcement.
After a round of painstaking ordinance committee hearings in recent months, city officials devised a set of 10 recommendations to tighten up current regulations, including a citywide cap of seven on the number of pot shops.
And even as the council discussed a fundamental change in how pot shops are viewed under the law yesterday evening, city leaders also agreed that those stricter regulations should move forward as quickly as possible in the interim.
“We might as well finish the improvements we’ve made to regulate the existing approved [dispensaries],” Councilmember Dale Francisco said. “I don’t see a problem with that.”
Those proposed regulations will come before the ordinance committee next Tuesday for a final look before proceeding to the planning commission and on to the full council for approval.
Councilmember Das Williams said those stricter regulations should address a significant number of community concerns about medical marijuana operations — through enhanced security requirements, a limit of one shop in each of seven designated geographical areas, and a shortened timeframe for nonconforming dispensaries to come into compliance or shut down.
“I would submit to you that the one dispensary permitted under our ordinance is probably not the lion’s share of the problems that we’ve heard about tonight,” he said.
After dealing with the proposed changes to the current regulations, ordinance committee would then take on the job of creating regulations that would result in a nonprofit collective being the only accepted form of medical marijuana distribution in the city.
Get them OUT! : 11/18/2009
I went to Vices and Spices at State and Ontaire for a cup o coffee. In the parking lot next to me are what "appeared to be" healthy looking GANG BANGERS, waiting 'til the 10AM opening of the "Hydroponic Store" that sells pot and indoor growning lights and supplies... I support "medical use" pot; but it should be dispensed by a professional pharmacist, not a pot dealer making huge profits selling to recreational users.
Coffee is a legal drug
@ Get them OUT : 11/18/2009
There are no such facilities that sell medical Cannabis and Hydroponic supplies in SB, or anywhere else for that matter. The dispensaries are specifically allowed to sell cannabis products only. Green Coast Hydroponics is the store you are thinking of next to Vices and Spices, and they do not sell any type of medical cannabis of any kind. It sounds to me information and education about this matter would greatly reduce people from just throwing out random comments and remarks. Be informed!
Overgrow
Get Real : 11/18/2009
MM is really not an issue in this day and age, it's here to stay, supply and demand will settle the number of "shops." Non profit collective enforcement will "weed" out most. Obesity is the main health concern going forward. The same principles for "limiting" locations for dispensaries should apply to fast food, junk food, liquor, bars and ciggs,coffee, energy drinks, drugs stores, etc. This is a lawsuit waiting to happen and SB will be ground zero. The real criminals here are the corporations and school districts and officials that pollute children with this crap.
ziggy
@Get Them OUT : 11/18/2009
Coffee is a legal psychoactive, true. Alcohol is also a legal drug, and I just read that the woman driving 70 - 80mph the WRONG WAY on US101 last night had been drinking alcohol. I'd worry more about that than a store that sells hydroponic eq... or a store that legally sells pot to those in need - even your dreaded "gang bangers."
Get who out?
Hmm : 11/18/2009
Is the pharmacy at Rite Aid non-profit?
I think not
Ziggy Got It Right... : 11/18/2009
The hypocrites that CRY and MOAN about crime are just simply WRONG! As an advocate for safe access to medical marijuana I visit several of the different dispensaries in SB regularly and never once have I seen loitering teens, vandalism, guns, crime or any of the negative things that these "concerned citizens" constantly claim. If your kids are smoking pot perhaps there's something WRONG AT HOME or AT SCHOOL that is causing them to do so. Don't blame these business owners who only want sell to legally recognized patients w/ recommendations! As a teen I was much more interested in getting alcohol and tobacco than I was about pot; those are available in far more locations in this city and are easily more HARMFUL and DESTRUCTIVE. Hypocrites the lot!!!
dddsba
Medical Marijuana - Get them IN : 11/18/2009
I am tired of the hysterics of people like "Get them" who misrepresent the issue of medical marijuana. The best thing for us as a community would be to legalize marijuana fully, let responsible business owners develop the sector with the medical sector, and then reap the tax benefits. It would also help in suppressing any illegal growers and dealers, who are a blight.
Soccer Mom in SB
Fear Factor : 11/18/2009
Being concerned about the despensing of cannabis,-otherwise known as medical marijuana- is usually fear based. Cannabis is a botanical that has been sucessfully used for 1000's of years for many common ailments, including cramps, muscular pain, back pain, and more recently the effects of chemo therapy, glaucoma, headaches, ADHD, and a host of other diseases. Most people know very little about marijauna, its effects, its origins, and how it got villified by a newspaper publisher by the name of William Randolph Hearst who saw hemp (the source of cannabis) as a theat to his timber forests needed for printing his newspapers...hemp was easier and cheaper to grow and process into paper--therefore he wanted hemp out of the pictur and so he characterized "marijuana" (a term he coined) in his many newspapers as drug that would turn people into criminals...this from the man who invented "yellow (fact-less) journalism."
The fact is, according to DEA's own administrative Judge Francis Young, "Marijuana in it's natural form is one of the safest theraputically active substances known to man." He further states that "Marijuana is far safer than many foods we commonly consume." Ohio State representative Kenny Yuko is working on a bill to legalize marijuana in Ohio. In an interview on NBC recently Yuko said he wants to ease what he discribed as "needless pain and suffering associated with a variety of diseases and illnesses" by allowing the use of marijuana. In addition, Orange County Judge James Gray has written a book called Why Your Drug Laws Have Failed and What You Can Do About It...he was quoted in the 2007 documentary, "The American Drug Wars-The Last Great White Hope" as saying "We are misspending 100's of millions of dollars on a failed policy."
Fear is behind keeping marijuana on a list of illegal drugs. Fear and misunderstanding. I suggest for those who doubt the efficacy of medical marijuana, or can't see the problems that arose as a result of making the consumption of marijuana a crimiinal activity to go to the following web sites: www.drugwarfacts.org, www.stopthedrugwar.org and www.judgejimgray.com
As St. Augustine once said: In essentials unity, in doubtful matters libery, and in all things charity. It is time for the city leaders to exercise liberty and charity regarding medical marijuana use...it is not going to go anywhere anytime soon.
P.S. No one has ever died from overdosing on marijuana, but every year 5000+ people die from overdosing on alcohol--yet alcohol is readily available almost anywhere in any city, including near schools, day cares, and other "senstitive" institutions. Benign marijuana is relegated to a few "collectives"'??? Why waste time? Help legalize marijuana now...it is the both the sensible and fearless thing to do.
Wendy L. Kaysing
PS : 11/18/2009
In the non profit co-op each member has a vote and "all" profits go back to it's members. Question:
1. How many of the "shops" are register with the secretary of state as a NFP Co-op ?
2. How many members have voted or have received any share of the profits?
I haven't.
ziggy
Get them OUT??? Calif. budget deficit could reach $21 billion : 11/18/2009
To those who want to get them out. . .the Calif. budget deficit could reach $21 billion this year.
Legalize it already and use the tax dollars from it to fix this budget mess.
Death from pot : 11/18/2009
Nobody has ever died from marijuana? Tell that to law enforcement who have pulled dead bodies from vehicular crashes which were determined to be caused by a driver under the influence of pot. Legalize pot if you want to, but anyone who has a marijuana medical card should surrender their driver's license since pot stays in the body for up to 30 days.
Stop pot DUI deaths
@ Death from pot : 11/18/2009
You are correct in that there are deaths that can be attributed to driving under the influence of cannabis...There has never been a recorded death directly linked or attributed to an overdose of Cannabis. Where you are dead wrong is when you say "Legalize pot if you want to, but anyone who has a marijuana medical card should surrender their driver's license since pot stays in the body for up to 30 days". Yet It's true that cannabis can stay in the human body for up to 30 days, that is not the case for everyone (depending on your lifestyle, if you workout/run, drink plenty of fluids, etc). Furthermore, the active chemicals in cannabis (THC, CBD, etc) only last for up to 3 to 6 hours max, again depending on the person. For you to think or imply that someone who smokes pot is rendered messed up for 30 days after the fact is pure garbage. This brings me back to the issue of being well informed and knowing the real facts rather then posting stuff that comes from the bandwagon of fear, mis-information and straight up non-common sense.
Overgrow
'Legalize it' doesn't fix everything : 11/18/2009
Quick fixes are wonderful, but this ain't one. Legalization is going to take years to implement, and the current estimate is $1.4 billion in tax revenues for CA.
That's not going to fix a $26 billion hole. Try again...
downtownres
Tax Revenues are recurring annual state income : 11/18/2009
$1.4 billion in tax revenues for California PER YEAR. Your budget deficit is total accumulated, not annual deficit. Marijuana taxes could help to wipe out your state's deficit over time. Even faster if you save money on enforcement, prisons, and other Prohibition profiteers.
Citizen Pain
Bye Bye Dispensaries : 11/18/2009
All the marijuana zealots posting here, where they are trying to convince an unconvinced populace that marijuana is a legitimate medicine that everyone wants legal and is destined to become completely legal, are just freaked out because people are starting to put nails to the dispensary coffin. The dispensaries were a scam and were taking advantage of the system which has caught up to them. They are on their way out and now, all the kids who were getting their weed from the dispensaries may have to put down the Cheerios and go grow the stuff themselves ... they will never be able to form the collective brain function to do this so they will just go back to buying it illegally while they feverishly post here as if their ranting posts are going to stop this closing-of-the-dispensaries train.
Obviously history will repeat : 11/19/2009
If you can't learn from history you will repeat it, again, and again, and again. The Prohibition era was a violent time in American History, and so more of the same. Legalize it already. Legalization will remove the incentive for illegal grows and allow for tighter regulation, while bringing in tax revenue, instead of tax hikes and budget cuts, and better allocation of resources. People driving under the influence will do so regardless, that problem already has laws on the books for enforcement.
Legalizing Marijuana - a gppd thing or bad thing? : 11/19/2009
Let's look at prohibition--did it work? No, in fact it created a long reign of crime in our country and all the associtated costs connected with crime--the human cost of lost lives on both sides, e.g. both on the side of law enforcement and those who would distribute and drink alcohol no matter what, plus the astromomical financial cost of fighting and incarcerating "criminals" engaged in bootlegging alcohol or dispensing alcohol. Yesterdays criminals (e.g. drinkers and distributers of alcoholic beverages include today's judges, lawyers, policemen, politicians, and everyman/woman. Alcohol was the self-medicating beverage of choice by a vast majority of the country's population. The obvious answer was to overthow prohibition. Alcohol consumption has it good sides (pleasurable, social lubricant, wine good for heart, etc., and its bad sides--biinge drinking, alcoholism, drunk driving, etc.) yet still it remains legal. Drinking alcohol is the staple of a particular generation (and generations before it). Cannabis consumtion is a staple of another generation. It has it good side (helps with a myriad of medical problems, is pleasurable, social, etc) and its bad side (habitual use for some), however its bad side does not come close to the harmful effects of alcohol consumption and related effects DUI's, fights, deaths related to consumption). Keeping cannabis illegal only contributes to the crime factor, just like when alcohol was illegal. When cannabis is completely legal there will be far less profit involved with the selling and distribution of it...because ANY one with a little knowlege can grow it. To take a huge bite out of the "crime" of growing, dealing, and consuming of cannabis, we need to make it not a crime....really quite simple...no profit, no crime.
Keeping it criminalized just keeps the price up. To those policy makers that have the authority to legalize cannabis--do it before more lives are lost, and to save money on chasing and incarcerating cannabis growers and users.
Wendy L. Kaysing
The Price of Pot : 11/20/2009
Make marijuana legal...What is the price?
We are paying millions of dollars to arrest the street sellers and users ...
which is what the legal system uses to finance the system.
"Just say No to Drugs" was a way to ramp up the money to bust these 'criminals.'
Making it legal keeps that money in our pockets.
MarkSB
RE: Bye, Bye Dispensaries : 11/23/2009
The GENIE IS OUT OF ITS BOTTLE...the revolution is in progress and we continue to prevail! This is something else they won't tell you about on Fox News! HA!
ANOTHER PRO MED MJ Santa Barbaran
411 E. Canon Perdido, Ste 2
Santa Barbara, CA 93101
Phone (805) 564-6001
Fax (866) 716-8350
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