A new ordinance limiting medical marijuana dispensaries, now being considered, would create a citywide cap of seven dispensaries with a limit of one in each of seven geographic areas — upper State Street, De la Vina Street, Mission Street, downtown east of State Street, downtown west of State Street, Milpas Street and the Mesa.


[ From: "Medical marijuana restrictions move forward" By Eric Lindberg, Daily Sound, Nov. 25, 2009 ]

... Another new restriction would require pot shops that are currently open but don’t meet city requirements to shutter or come into conformance within six months, along with several stricter security rules.

The ordinance committee heard from some community members who pressed for even stricter regulations — including a citywide cap of four dispensaries rather than seven.

But Councilmember Das Williams said restrictions on the storefront dispensary model that are too heavy-handed would simply cause patient collectives to spring up in residential neighborhoods.

“We cannot track or regulate those neighborhood-based collectives or delivery services,” he said, as they are permitted by state law.

City regulations on medical marijuana dispensaries came about as a result of neighborhood concerns about shops opening up in residential areas...

City officials have said one permitted dispensary is currently open, eight are in the approval process, four opened before the city established restrictions and are considered nonconforming, and three illegal shops are facing enforcement...

In addition to the citywide cap and shorter amortization period, the proposed changes include a prohibition on dispensaries in existing mixed-use buildings, more discretion for the staff hearing officer to approve or reject applications, a prohibition on dispensaries within 1,000 feet of Casa Esperanza homeless shelter, and the establishment of annual permit reviews by police officials and the staff hearing officer.

Even as city officials continue to discuss those proposals, they will also talk over a proposed moratorium on new and pending dispensary applications during a city council hearing next month.

As a result of a marathon session of the council last week, the city also appears to be moving toward a nonprofit collective model for medical marijuana dispensing, as opposed to a for-profit model.

Once the stricter regulations are adopted, the ordinance committee is expected to pursue more regulations that would mandate nonprofit collectives as the sole form of medical marijuana distribution in Santa Barbara.

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Additional detail from Noozhawk and comments are at: Noozhawk: changes_to_marijuana_ordinance

Labels: marijuana, ordinance

City pushes for nonprofit medical marijuana cooperatives

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.

... 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.


... city leaders... agreed that... stricter regulations should move forward as quickly as possible...

“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.”

... Councilmember Das Williams said... 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."

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For full text and numerous comments, please go to: http://www.thedailysound.com/111809medicalmarijuana

Labels: city of santa barbara, marijuana