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Medical marijuana remains a hot topic

By ERIC LINDBERG — Nov. 5, 2009

As Santa Barbara city leaders scramble to adjust regulations on medicinal marijuana dispensaries and respond to ongoing changes in state and federal laws on the topic, pot shops continue to pop up throughout the city.

While it’s difficult to pin down exactly how many dispensaries are operating in Santa Barbara, city staffers have placed the number in the mid-teens at recent hearings. Only a handful of those have permits and are considered to be in conformance with current city regulations.

Yesterday, Aloha Spirit Organic Consumables, a dispensary proposed for 302 E. Haley St., joined the list of approved pot shops.

“This is a hard situation in that I’m reviewing this application under the existing ordinance and also with knowledge of proposed amendments by the ordinance committee,” said Susan Reardon, the city’s staff hearing officer who authorized the permit.

She eventually found no fault with the application and set out a few conditions of approval before issuing a permit, a decision that likely will be appealed to the city’s Planning Commission.

Senior Planner Danny Kato acknowledged that the dispensary probably wouldn’t be approved under the amendments being proposed by the city’s ordinance committee. While those proposed changes are still far from concrete, they would establish seven zones across the city with a limit of one dispensary in each zone.

Kato said Aloha Spirit would fall in the east downtown area, which already has an approved dispensary located on Olive Street.

“These are actually about 1,200 feet apart as the crow flies,” he said. “More like 1,900 feet apart if you actually had to go by streets. … They would be in the same area under that proposed ordinance.”

City officials have grappled with ways to tighten up the regulations to address an explosion of medicinal marijuana shops in the city in recent years, holding a series of lengthy ordinance committee hearings and eventually coming up with a handful of regulations.

And while the proposed changes will return to the ordinance committee on November 24 for tinkering, that hearing might be superseded by a discussion with the full City Council a week earlier.

Councilmembers Dale Francisco and Iya Falcone are asking their colleagues to take a look at the larger issues relating to medicinal marijuana — specifically whether the city even wants to embrace a dispensary model or move toward a nonprofit patient collective model that appears to be more in line with state laws.

“That is the fundamental question out there that hasn’t been answered yet,” Falcone said. “They are very different animals, they are very different operations.”

Sharon Byrne, a downtown resident who has helped galvanize neighborhood opposition to dispensaries, feels there is a growing movement toward a complete ban on the for-profit storefront model.

She said state guidelines established by Proposition 215 were intended to allow nonprofit cooperatives for legitimate patients.

“That’s what the voters of California approved,” Byrne said. “I think that’s legal, that’s above board, and that’s the right direction to go.”

She questioned why city leaders haven’t established a temporary moratorium on new dispensary applications as they mull over potential changes to city laws.

“That’s been the stunner for me,” she said. “They’re trying to work out the model and it would make sense to stop the floodgates until they figure that out.”

Along with plenty of outspoken residents who have attended city hearings on marijuana dispensaries, city staffers have also asked the council whether it wants to consider a temporary stay on new pot shops.

“We’ve thrown that out since August, but council hasn’t told us to do that,” said Paul Casey, the city’s community development director.?Falcone said she has been in favor of such a moratorium from early in the revision process, as has Francisco, but said there haven’t been enough votes on the council to move in that direction.

Several other councilmembers didn’t return phone calls yesterday afternoon, but Mayor Marty Blum said she feels support appears to be growing for a moratorium on new dispensaries, particularly after other cities have banned dispensaries and defeated challenges in court.

“Now we’re hearing maybe we can just outright ban them,” she said, adding later, “I haven’t talked to other councilmembers, but a couple of us feel emboldened after some of the decisions in the appeals courts.”

Nonetheless, the mayor said she is still struggling with the question of whether the city wants to simply cap the number of dispensaries and ensure they are adequately regulated, or change the model to allow only nonprofit collectives.

Another option is to outlaw both models, Blum noted, at least until federal and state officials reach consensus on how to treat marijuana in terms of both medicinal and recreational uses. But she said several medicinal marijuana patients have contacted her in the past few days, asking her how they will get their medication if dispensaries or collectives are banned.

If one thing is clear, it’s that all signs are pointing toward a lengthy and contentious hearing on November 17, when the council will take up those questions during an evening session at City Hall.

Comment on this article

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End Cannabis Prohibition : 11/5/2009

Quite bickering. Complete legalization is the only answer. If one thing is clear it's that cannabis prohibition is ending and all the talk of moratoriums is moot.

TYC


Just Visit a Pot shop, You'll see for yourself whose behind the counter : 11/5/2009

So I went out the other day to visit a few of these pot shops. What I saw was frightening. The two shops I went into had, what appeared to me, to be gang members sitting around the shop. These were young people, heavily tattooed. The people behind the desk were on cellphones speaking in Spanish to whomever. I got to tell you it was chilling. It seems to me that our City is enabling drug lords and criminal activity. I fully support the use of medical marijuana, as I believe it does provide relief for the side effects of chemotherapy. But why should we risk enabling criminal activity when the city could require pharmacies or provide its own method of distribution. Millions of dollars of quick easy profits are being handed out to criminal enterprises. There is a better way to provide medical marijuana to those who truly need it while limiting criminal activity.

Mr. M.


med pot : 11/5/2009

STACK!

420 all day!!!


wow : 11/5/2009

mr. m. shut up, you got to be kidding me, you biggette

420


End Myth of Medical "dispensaries" : 11/5/2009

I agree with legalization---but that will have to come at the Federal Level. I also agree with use by the sort of patients actually contemplated by Prop 215 which I supported. But the horror of these retail for-profit pot stores masking as legitimate retail operations is a complete bastardization of both of those concepts. And if anyone who's ever been in one of the ones here in SB claims otherwise they are fooling only themselves. Friends of mine on all ends of the political spectrum and in every profession-- teachers, nonprofit directors, planners, etc--- are increasingly annoyed at the City staff and Council dickering around on this thing while the impacts get bigger and bigger. I have a feeling the Councilmembers who will be part of the "new" council, eg Helene, Grant will join the Mayor and Dale and Iya by saying---enough already. We need time to hear what the results of the lawsuits, AG opinion, Court opinions, etc tell us before further messing up zoning in this city. Makes a mockery of the general plan update, mixed use development, neighborhood improvement, etc. And now the County better deal with it too. Das also better watch how much out on the stoner limb he goes because Stoker will make even more mincemeat out of him than he's already primed to do.

what a joke


Defending Dispenseries : 11/5/2009

Having just read the above article, along with dozens, if not hundreds of similar articles on the issue of marijuana 'dispensaries' I am amazed at the level of ignorance out there among the general public. While I realize there are always going to be people who oppose marijuana under any model, it is important that these same people and those on the fence have a clear picture of what is happening as the issue of medical marijuana evolves. Let's look at the issue of acquiring marijuana. The laws and regulations may not have actually anticipated the dispensary model but that is what has evolved based on real world circumstances. Why? Several reasons. First, the notion that people can just grow quality marijuana by planting some seeds or clones is completely and totally false. Growing the kind of quality marijuana that patients have come to expect is an extremely time consuming and difficult task. Most of the marijuana that finds its way into local dispensaries is not coming from organized crime anymore. That was the old economic model and unfortunately it would be the economic model if there were not dispensaries. Think of people having to buy on their medication from a street vendor. The high quality, medical marijuana that is now available comes mostly from local indoor growers who live right here in our community. They spend months and large amounts of money to cultivate their crop under clean, sometimes organic conditions to create the best strains possible. This is hard work. And the reason for that is because the market for medical marijuana is so competitive. These growers - your neighbors - are actually putting a serious dent in organized criminal activity associated with the sale and distribution of marijuana. Take away the dispensary and you hand the business back to them on a platter. So we're back to the old days. People sneaking around and buying on the street from unsavory characters funneling their profits back into the pockets of career criminals. The dispensary model allows people, with a doctor's recommendation to come into a safe and private environment to purchase their medication. They can talk to informed staff about their needs: Sleep problems, anxiety, pain management, you name it - medical use of marijuana has value to these folks many of who are consuming copious amount of deadly pharmaceuticals every day to deal with their aliments. And, actual consumption of marijuana, is not always by smoking. In fact, there is a huge effort out there to offer people alternative means of delivering the marijuana to their systems and meet their specific needs. Tinctures and edibles have been designed to help these folks and many of them are taking advantage of these new products to help them treat their problems. Medical marijuana dispensaries are integral to the safe, affordable delivery of marijuana related medicine. Regulate them and tax them like any other business. The effort and thought that Santa Barbara officials are putting into this issue is commendable and the public should support their efforts. It is much easier for law enforcement to deal with dispensaries than hundreds of individual 'pushers' working the streets for their crime bosses.

SJB


Marijuana : 11/5/2009

How come everyone is so hot to regulate tobacco but nobody wants to continue to regulate marijuana? Are there any science based studies that compare the impact of cigarette smoking with the impact of smoking marijuana? I wonder why the FDA has not weighed in on the health aspects of legalization of marijuana. Is it because the physiological impact of marijuana use is far more adverse than the physiological impact of tobacco use?

Doug Ose


Spell Check? : 11/5/2009

Dear Wow, You're spelling of the word "biggette" was atrocious. Sincerely yours, Spelling Nazi


: 11/5/2009

Dear Spelling Nazi, You got "your" and "you're" confused. I hope in the future you will do better. Warm Regards, Grammar Nazi


: 11/5/2009

I think marijuana should be legal for everyone except the mexicans.


Out of Control : 11/5/2009

If you look at the adverstisements for medical marijuana cards you will see a list of symptoms that qualify. Those symptoms are so vague that everyone qualifies for a medical marijuana card. How many studies have been done to determine whether THC can cause adverse long-term medical problems such as brain damage and cancer? Every woman I know who has fought breast cancer smoked pot. I would like to see this issue given a top priority by medical researchers so that the truth can be clarified.

More hard facts, please


marijuana use : 11/5/2009

Richard E. Williams 6647 El Colegio Road Isla Vista, CA 93117 (805) 968-0771 A field day for lawyers? As of October 28, 2009 www.cbsnews.com is running the story "Damage from Smoking is Swift, Irreversible" and this puts a whole new light on the issue of smoking in general and moves the legalization of marijuana from a general healthcare problem to the center stage of law enforcement, community civil responsibility. Up until now communities could soft shoe around the use of marijuana among their citizens but now with this new report all veils, curtains, reasons for non-action behind which local authorities have used for not enforced local laws, Federal laws have been stripped away. As the report clearly states the smoking of cigarettes in general, which will also include marijuana and cigars carries very high permanent irreversible penalties. So not only can local communities be held accountable for allowing young people to smoke, through lacks law enforcement, but the threat of harm from smoke to the very young raises the specter of civil law suits to a new level not seen before, even in private homes. Because of this possibility the cost of health insurance for smokers may see a sharp rise in their insurance rates.

Richard e. Williams


Freedom of CHOICE : 11/5/2009

Who cares if it has medical benefits or not? Alcohol cause severe medical problems, it destroys lives and familes. Alcohol related deaths on the roads are always high and alcohol remains legal and socially acceptable. Personal choice has got the be the determining factor. If marijuana is illegal to adults then we should consider banning alcohol, fast food and cigarettes. I am tired of the nanny state that wants to decide what goes and what does not. Prohibition of alcohol only put money in the hands of bootleggers and more people actually drank when it was illegal. You cannot legislate morality.


Mr. M : 11/5/2009

Stick with the facts. From your comments the frightening sight and criminal activity you saw were a bunch of tatooed Mexicans (and or latinos) talking in Spanish on their cell phones. If you think there is a crime being committed, call the police and let them investigate.


Never-Ending "Reefer Madness" : 11/5/2009

Pot prohibition isn't the answer. When alcohol was banned it led to the speak easy mentality and the escalation of gang activity to fill the void...ask City Hall care to comment on that? Alienating marijuana smokers in our city isn't going to bring abut any type of community resolution to crime. I say we should push harder for the legalization of marijuana and let these hacks find something else to complain about!

Boycott Boy


Thanks SJB : 11/5/2009

Thanks SJB for saying what needs to said.


Conservative : 11/5/2009

I find it interesting that self-described 'conservatives' who scream State's Rights! on certain issues seem to fall in love with the Federal government when they reduce or eliminate states' rights on issues that they care about. It seems that conservatives believe every word that proceeds from the mouth of the federal government. The FDA is a political organization, driven by special interests. Yet, conservatives always seem to fall back on saying that the FDA needs to approve it first. As if the FDA is God. The FDA is and has always been a corrupt organized crime cartel. What they say or do not say affects billions of dollars of commerce. Fortunately not all conservatives are so myopic. I am one and my viewpoint changed this year. More and more articles in newspapers and on news channels are showing that there are still some true conservatives (ie. limited government, states' rights, individual liberty, etc.). The' conservatives' that support Prohibition are not true conservatives.

Conservative


lol @ Mr. M. : 11/5/2009

Latinos with tatoos talking on cellphones gives you the chills? You have some serious anxiety issues. Probably should burn one and try to relax.

Baers


Let it Be : 11/5/2009

Here's the deal: Marijuana has been found to be less harmful than both cigarettes and Booze to your body and brain. However, it has its own negative effects. Most common is that smoking causes problems with your resiratory system. If we make it legal, tax it, and create safe places to buy/sell for profit we are able to create some tax revenue that is sorely needed for schools and education (including drug education). As well, we marginalize the drug making it less attractive as an "underground" activity and less likely to lead to other drugs. There will be much less crime associated with it (already there is more crime outside of liquor stores than any dispensory in town) and overall it is not going to truly change how many people smoke it or don't. Looking into the history of drug bans we as the people of the USA have really let our freedoms slip. At one point we were able to put anything into our body that we wanted. Of course regulations with intoxication and driving or putting others at risk is warranted. This is just a small step in the right direction for us as people and learning to let people be people. As you can tell I'm liberal on some things, but I'm republican (wierd huh?). Please excuse any poor grammar. My arguments are purely for you to read and contemplate, not so you can tell me I spelled something wrong. I'm not an english professor but I am highly educated and have smoked for a long time. I am biased in this argument and have no problem admitting that.

HellHound4Hire


needs legalization : 11/5/2009

if you say no to legalization then you are only going by pre-conceived notions and not facts. anyone contemplating the enactment of the act logically will see that there are more benefits to legalization then are not


All drugs are Constitutionally legal : 11/5/2009

Please be reminded that marijuana and other drugs are already Constitutionally legal and the current laws prohibiting their manufacture, sale, transport or use are Constitutionally illegal. Marijuana is protected by the 9th Amendment of the Bill of Rights of the U.S. Constitution. The 9th Amendment clearly states that, "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." Like alcohol, marijuana and most other drugs are a "retained right". Historically, the 9th Amendment was added to the Bill of Rights during the founding of the U.S. Constitution to satisfy concerned and highly prescient Americans who feared the presence of a Bill of Rights in our Constitution would promote the dangerous and incorrect idea that the Government grants rights to the People rather than the People granting rights to the government. The Constitution was originally designed as a document describing the very limited rights of Government. The Bill of Rights was a contradiction because it did and does fail to reinforce the correct idea that all is legal except what the People clearly document the Government can control. Its failure is due to an ignorance and disparagement of the 9th Amendment. (Robert Bork during his Senate confirmation hearing to become a Supreme Court justice called it an ink blot on the Constitution.) In 1919, the 18th Amendment to the Bill of Rights of the U.S. Constitution was ratified that outlawed the manufacture, sale and transportation of intoxicating liquors commonly referred to as “prohibition”. It took more than simply the congressional legislation and passage of a law. They had to amend the U.S. Constitution because trade in alcohol had been considered a “retained right” protected by the 9th Amendment. Any simple law prohibiting sale of alcohol would have been unConstitutional. Likewise, a Constitutional Amendment was necessary rather than a simple legislated law when in 1933 the 21st Amendment of the Bill of Rights of the U.S. Constitution was ratified that repealed the earlier 18th Amendment restoring the once retained rights to manufacture, sell and transport alcohol to the People of the United States. After 222 years since 1787 when the Constitution of the United States of America was first ordained and established, the number of Amendments to appear should have been huge. No law is legal if its not Constitutional. Congress might legislate and pass a law but it can’t be a legal law unless the Supreme Court declares it Constitutional. If it’s not legal the Supreme Court should kindly inform the Congress that an Amendment can be written making the legislated law legal but that under no circumstances should such law be enforced without such an Amendment. Marijuana is legal because no Constitutionally legal law has ever been legislated rendering it other than legal. Marijuana is a retained right and until an Amendment appears in the Constitution no legal enforcement of illegal laws regarding marijuana can happen. Law enforcement has and is operating illegally. Although I firmly believe our laws should be legal, it’s difficult to advocate the probable popularization of another inevitably destructive drug with the revelation that its already legal. Having grown up in the sixties and seventies and serving in the Navy during the early eighties, I understand the destructive power of marijuana and the lure it serves for some to harder more deadly chemicals. I’ve only known one person that ever died from the direct consumption of drugs and that was a shipmate of mine aboard the USS Enterprise who died from the injection of toxically adulterated heroin purchased in Sacramento. He had successfully kept his habit a secret from everyone. The son of a State Department diplomat he had allegedly begun dabbling when his father was stationed in the Middle East. Heroin is Constitutionally legal and if it were correctly recognized as such, my friend would probably still be alive since he would have been allowed to purchase heroin from reputable retail outlets guaranteeing its purity. But on the downside, there would be far more heroin addicts if availability and purity resulted from its correctly recognized status. If operation of automobiles were not a factor and my 2003 engineering proposal as a candidate for Governor of California had been selected which included a plan for the construction of a zero-collision tolerant, high-speed, electric-drive transportation system in New California, I would not support the passage of a Constitutional Amendment rendering marijuana and other intoxicating drugs illegal. Upon completion of New California, I would fully support the repeal of such an Amendment. By the way, UCSB is an unaccountable, unelected, unethical, unacceptable criminal maifia organization and no university in the history of the World has more disgracefully failed to fulfill its responsibility to the human species and TRUTH more than UCSB. UCSB is utterly contemptible and its complete destruction is honorably justifiable.

Neil Baker


A Safer Alternative to Alcohol : 11/6/2009

Marijuana should be legal not only for medical patients but for adults who prefer to use it as a less toxic alternative to alcohol. Visit http://yes390.org

AB390


Just visit a Pot shop...2 : 11/7/2009

After reading all the comments since my first post, I have the following to add: 1. It doesn't matter to me if the criminals are Hispanic, white, orange or pink. I am equally opposed to the white skinned operators of all the other pot clinics and I'd put them in the same boat as those I described above. Many of them are tattooed as well. It’s the criminal enterprise that I am opposed to. 2. I am opposed to enabling criminals and one way to limit their profits is for the city to set the price for medical pot. Since it's illegal, one cannot use a free market argument about price. So, why should a bag of pot sold through a dispensary be the same price as what you’d get from your neighborhood pot seller? If the city were to impose standardized pricing for an illegal substance, then it de facto limits the windfall profits criminal enterprises reap while providing a truly affordable and sustainable source of medical marijuana for those undergoing the sometimes -traumatic effects of various cancer treatments. These poor people are already paying huge sums for their medical treatments. Low cost medical marijuana helps these people and limits the monies pouring into the coffers of criminal enterprises. 3. ‘Your’ is possessive; ‘you’re’ is a contraction of ‘you are’ Mr.M

Mr. M.


wow wow : 11/8/2009

people are discussing laws when they don't even understand the proper usage of "your" and "you're"?


What Jefferson was saying was, Hey! : 11/9/2009

You know, we left this England place 'cause it was bogus; so if we don't get some cool rules ourselves - pronto - we'll just be bogus too! Get it?

Spicoli


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