Greeting Patient Advocates –
I write to alert you to the next upcoming LA City Council meeting where council members will vote on provisions within the city’s medical cannabis ordinance. I also want to point you to specific harmful provisions and how you can help.
I urge you to attend Tuesday’s meeting:
http://www.lacity.org/clk/councilagendas/clkcouncilagendas364527_01262010.pdf
I also urge you to read this brief draft ordinance:
http://clkrep.lacity.org/onlinedocs/2008/08-0923_misc_01-19-2010.pdf
Please consider the impact of the following provisions:
Provision – SEC. 45.19.6.3. REGULATIONS. A. 2. a. [Buffer Zones]
Page 9
Condition – "No collective shall be located within a 1,000-foot radius of a school, public park, public library, religious institution, licensed child care facility, youth center, substance abuse rehabilitation center, or any other medical marijuana collective(s)…"
Issue – Reports from the City’s planning department demonstrate that this strict provision will require almost all collectives in the City to move to industrial zones unconducive for patients. It appears there are fewer potential locations than permitable collectives creating bidding wars for leases. This provision is more restrictive than those regulating bars, strip clubs and other adult entertainment. The inclusion of religious institutions as a sensitive use also creates further issue.
Provision – SEC. 45.19.6.3. REGULATIONS. A. 2. b. [Residential Abutment] Page 10
Condition – “No collective shall be located on a lot abutting, across the street or alley from, or having a common corner with a residentially zoned lot or a lot improved with a residential use, including a mixed use residential building…”
Issue – Residential areas were never part of this ordinance until just recently. The planning department was not ready to provide thorough data on residential buffers but suggested this requirement is near impossible to meet. Despite being in appropriate commercial areas, almost every collective in the City abuts a residential area. Residential abutment should trigger a hearing where neighbors and patients voice their approval or displeasure with the impact of the collective on the community.
Provision – SEC. 45.19.6.3. REGULATIONS. B. 5. [Hours of Operation] Page 11
Condition – “No collective shall be open or provide medical marijuana to its members between the hours of 8:00 p.m. and 10:00 a.m…”
Issue – I have heard from many patients that access to a collective in the later evening hours is critical due to their health condition, job, transportation as well as other reasons.
Provision – SEC. 45.19.6.3. REGULATIONS. B. 13. [No On-site Consumption] Page 12
Condition – “Medical marijuana may not be inhaled, smoked, eaten, ingested, or otherwise consumed at the location…”
Issue – I have heard from patients who need their collective with a smoke/vapor lounge because it is a safe option due to their homelessness, government housing, assisted living home, children, etc.
Provision – SEC. 45.19.6.3. REGULATIONS. B. 15. [One Membership Only] Page 13
Condition – “No qualified patient, person with an identification card, or primary caregiver may be a member, at the same time, of more than one collective located within the City…”
Issue – This is one of the most harmful provisions to patients. I know so many patients who rely on multiple collectives to help them with care packages, food, rides, massage, etc. No patient should be limited to the number of collectives he/she joins.
Provision – SEC. 45.19.6.5. AUDITS AND TESTING. B. [Testing Required] Page 14
Condition – “The collective shall use an independent and certified laboratory to analyze a representative sample of dried medical marijuana…”
Issue – No collective will be able to meet this requirement, as no such laboratory exists. It is an outrage that no council member has moved to remove this provision. Much better language can be used to require collectives cultivate organic, medical grade cannabis.
What you can do:
Attend the meeting on Tuesday to show your support for reasonable regulations. Speak at the meeting to make your remarks part of public record. You will have one minute to speak. Contact your council member’s office directly to express your concerns.
Be accurate – provide only the facts. You want to be considered a resource not a nuisance. Be brief – stick to your point, focus on one issue. Officials have a short attention span. Be courteous. Despite the frustration with our local officials, you maintain your dignity by being respectful.
Speaking at City meetings is extremely important because one can only sue the City on issues that have been brought up during public comment. It’s your opportunity to speaking up on your concerns should the result of the Council’s actions cause damage.
I wish that I could report to you that our Council is even trying to do the right thing. However, they are failing the entire City on everything.
So, I guess we prepare ourselves for litigation. The State law is on our side and some recent court rulings only support this. I hope to see you at the meeting this Tuesday.
Sincerely,
Degé Coutee
Education & Advocacy Director
Patient Advocacy Network
http://www.CannabisSavesLives.com
Posts
