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Thursday, May 27, 2010

NEWS: San Diego medical marijuana clinics receive a break

SAN DIEGO — San Diego’s 100-plus medical marijuana dispensaries moved a step closer to gaining legitimacy Wednesday, when a City Council committee passed a set of rules governing how the storefronts could operate.

During the emotionally charged meeting, 30 citizens appealed to council members. Opponents argued that the storefronts attract crime and expose children to the drugs. Advocates countered that marijuana is legal for medical use and patients need safe access.

“Don’t force me to deal with drug dealers,” pleaded Vey Linville, a retired college professor from Spring Valley who used an oxygen tank and suffers from emphysema. “I have a choice of using this medicine or suffocating.”

The committee voted 4-0 to direct the City Attorney’s Office to craft an ordinance that can be considered by the full council this summer, along with a separate set of land-use rules.

For the past year, the city has struggled with the politically charged issue, debating whether and how they want to regulate the dispensaries.

California voters legalized the medical use of the drug in 1996, but state legislation and guidelines have been vague and subject to varying interpretations on how the drug ought to be regulated.

More than 100 cities in the state have banned dispensaries, while dozens of others have passed ordinances regulating them.

In recent months, a sharp increase in community complaints triggered San Diego city code enforcers to crack down on dispensaries. Inspectors are dealing with complaints filed against 117 dispensaries, citing each dispensary they visit for not operating in an appropriate zone.

The move has outraged dispensary operators, who note that because the city has not yet passed an ordinance, no zone has been established for them.

Council member Todd Gloria said the establishment of an ordinance will help prevent more conflicts.

“We’re trying to get something done … so that neighborhoods currently living in an unregulated environment can have fair rules of the road to operate,” Gloria said.

The proposed ordinance will face some opposition. Council member Tony Young said that he voted in favor of moving the issue forward, but has concerns about the regulations.

“I think there are some opportunities for more restrictions, not less,” Young said.

Several dispensary operators also raised concerns about specific issues, including the permitting fees they would have to pay to operate in the city.

A preliminary estimate by the city shows it could cost between $25,000 and $35,000 for city staff to process each permit application.

That full cost would have to be covered by the dispensaries under the proposed regulation. Other recommended rules would require storefronts to operate as nonprofits and make background checks mandatory for dispensary employees.

Source: San Diego Union-Tribune


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