cannabisnews.com: County and Cities Adopt Emergency Pot Ordinances County and Cities Adopt Emergency Pot Ordinances Posted by CN Staff on June 18, 2004 at 13:29:26 PT By Sean Rabé Source: Amador Ledger Dispatch In an attempt to provide some regulation over dispensing medicinal marijuana in the county, the Amador County Board of Supervisors adopted an emergency ordinance regulating the operation of such facilities at its meeting Tuesday. The emergency ordinance - adopted by a 4-0 vote that saw District Three Supervisor Richard Vinson absent and District Four Supervisor Louis Boitano voting via teleconference - places restrictions on such things as the location of proposed facilities, the overall operation of a facility and spells out the minimum requirements for the issuance of a conditional use permit for a dispensary. Two separate entities have approached the county with plans to open such dispensaries.According to language in the emergency ordinance, if the board had not approved the emergency ordinance, an unregulated dispensary could have opened and, from that point, be grandfathered in its operation outside any ordinance the county adopted in the future.According to the ordinance, any person or entity wishing to operate a medicinal marijuana dispensary must be issued a conditional use permit, which would be valid for one year only. Prior to the issuance of the permit, the planning director, in consultation with the sheriff, will conduct a background check of any applicant or employee of the applicant. Additionally, the ordinance spells out specific zoning districts for the location of the dispensary. According to the ordinance, a dispensary may only be located within the manufacturing, light manufacturing and medium manufacturing zoning districts.The ordinance also provides several restrictions on the dispensary once it has been permitted by the county. The medical marijuana dispensary may possess no more than eight ounces of dried marijuana per qualified patient or caregiver and cannot maintain more than six mature or 12 immature cannabis plants per qualified patient. However, if a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the medical needs of the patient, the recommended amount can be possessed.No marijuana may be smoked, ingested or otherwise consumed on the premises of the dispensary and the commercial sale of marijuana is prohibited. Marijuana cannot be cultivated on site and cannot be distributed by the dispensary for profit.The ordinance provided no regulation regarding the source of the marijuana, except to say that the distribution center can’t engage in interstate commerce.Adequate security, as determined and approved by the sheriff, must be maintained at each dispensary and the building in which the dispensary is located must comply with all applicable local, state and federal rules and regulations, including the Americans with Disabilities Act. The ordinance further spells out the location requirements for the issuance of the permit. The ordinance does not allow a dispensary to be located within 1,000 feet of any residence, school, library, public park or youth-oriented establishment. Additionally, a dispensary cannot be located within 1,000 feet of another dispensary.Amador County Planning Director Susan Grijalva said that she would be reviewing permit restrictions with several agencies - including the sheriff, public health and the planning department - to create a draft permanent ordinance. “The emergency interim ordinance is basically a quick fix until the planning commission comes up with a permanent ordinance,” Grijalva said. “The final version may change. That would be resolved through the ordinance process.”Because the board adopted the emergency ordinance, any entity planning to open such a facility would now need to apply for the conditional use permit. The emergency interim ordinance is valid for a period of 45 days, at which time the board may choose to extend the ordinance for another 10 months and 15 days. The extension would allow the county’s planning commission time to draft a permanent ordinance for the board of supervisors’ approval. If the planning commission is unable to complete that task within the allotted time, a second extension can be granted by the board to allow an additional year. Both parties interested in opening a dispensary spoke at Tuesday’s meeting. Allen Toupe, who, along with his caregiver Ron Moede, has obtained non-profit status for his venture known as Sierra Compassionate Care, asked the board to designate a member of the board of supervisors to serve as a member of the organization’s board of directors. “We want to have your input and the input of the of law enforcement and public health so we can discuss what needs to happen,” he said. Steve Alvidrez, speaking on behalf of Michael Koll, also addressed the board. Alvidrez asked the board to limit the number of dispensaries allowed in the county to one. “We should use the first 90 days or so as an observation period to make sure things are operating appropriately,” Alvidrez said. “We don’t want to overrun the county with dispensaries.”Speaking after the meeting, Koll affirmed his intention to shelve plans for dispensaries in Plymouth and Jackson if he is able to open one in the unincorporated area of the county. One location proposed by Koll was the old Antonio’s restaurant located on Depot Road in Martell. Grijalva said Wednesday that the Depot Road location would not be appropriate, however, because there are residences within 1,000 feet of the proposed location.Still outstanding are several issues regarding how the medicinal marijuana will actually be distributed.Although The Compassionate Use Act of 1996, or Proposition 215, allows for medical marijuana consumption if patients meet specific criteria, consuming marijuana for any reason remains illegal under federal law. At the same time, the Compassionate Use Act prohibits any physician from being punished for having recommended marijuana to a patient for medical purposes. The act prohibits the provisions of law making unlawful the possession or cultivation of marijuana from applying to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. The act was written so vaguely, however, that additional legislation was required to further pin down what could and could not be done. Additional legislation passed last year provides for some guidelines concerning the regulation of medicinal marijuana distribution facilities. The bill, SB 420, requires the state department of health services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients. This requirement has been forwarded to the counties for implementation through each county’s health and human services department.However, the state is supposed to issue regulations regarding the identification cards and, as of yet, it has not done so.“We can’t do anything until the state issues regulations regarding the identification cards,” Amador County Health and Human Services Executive Director Tracy Russell said Wednesday. “Until those regulations are handed down, we don’t know if we are in compliance with the law or not.”Source: Amador Ledger Dispatch (CA)Author: Sean RabéPublished: Friday, June 18, 2004Contact: srabe ledger-dispatch.comWebsite: http://www.ledger-dispatch.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmCity To Weigh Medical Pot Business Restrictionshttp://cannabisnews.com/news/thread18963.shtmlRoseville Plan Would Limit New Pot Shopshttp://cannabisnews.com/news/thread18877.shtmlCity Adds Medical Pot Restrictions http://cannabisnews.com/news/thread18863.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by siege on June 20, 2004 at 08:33:11 PT Fight For Medical Marijuana U.S. Attorney General John Ashcroft loses http://www.wusatv9.com/news/news_article.aspx?storyid=29708 http://www.wusatv9.com/news/news_article.aspx?storyid=29708 [ Post Comment ] Comment #5 posted by FoM on June 18, 2004 at 17:23:58 PT Heads Up: Michael Moore Michael Moore is on Dateline right now. I can't wait to see the movie! [ Post Comment ] Comment #4 posted by mayan on June 18, 2004 at 17:20:04 PT Can They Grow It? The article seems to contradict itself regarding whether or not the dispensary can cultivate cannabis. First the article states... The medical marijuana dispensary may possess no more than eight ounces of dried marijuana per qualified patient or caregiver and cannot maintain more than six mature or 12 immature cannabis plants per qualified patient.But, then it states...Marijuana cannot be cultivated on site and cannot be distributed by the dispensary for profit.Does this mean that the dispensary has to grow it somewhere else? If so, where else can they grow it?The way out is the way in...'Moving America backward: Censoring Michael Moore' http://www.smirkingchimp.com/article.php?sid=16648&mode=nested&order=0'Fahrenheit' Fight Nears Boiling Point This Week: http://www.reuters.com/newsArticle.jhtml?type=entertainmentNews&storyID=54553869/11 - Guilt in High Places: http://emperors-clothes.com/indict/911page1&2.htmExposing NORAD's Wag The 9/11 Window Dressing Tale: http://www.standdown.net/index.htmPaul Thompson's Complete 9/11 Timeline: http://www.cooperativeresearch.org/timeline.jsp?timeline=complete_911_timeline9/11 Truth: http://www.911truth.org/ [ Post Comment ] Comment #3 posted by The GCW on June 18, 2004 at 16:34:55 PT Adopt Emergency Pot Ordinances? (This could be an emergency: "Next time they could try enforcing a "must get stoned" policy to get the English fans to relax a little.")Portugal: Bong hits for England (coming soon to MAP) Viewed at: http://www.boulderweekly.com/incaseyoumissedit.html Bong hits for England Portugal was a little uneasy hosting the European Championship soccer match between England and France this year, but not because of terrorist threats. Instead, rowdy English soccer fans-infamous for rioting-put fear into the hearts of Lisbon's police force. Lisbon's response? Smoke them out.Police let fans know before the game that no arrests would be made, no warnings would be issued if fans were found smoking pot. Cops even promised not to confiscate the ganja. The policy was pretty much smoke 'em if you've got 'em. On the other hand, police swore to lock up every drunk they could find.Authorities speculated that more pot and less alcohol would lead to fewer instances of violence. Whether or not the plan was successful is a matter of perspective.After France upset England and won the game, a segment of English fans did get rowdy-those fans who sought to ease the pain of their loss at the local pubs. Out of the approximately 50,000 French and English fans who merged in Lisbon to support their mates, only about 400 of them, mostly English, fought with police after the game-kind of a small miracle. Dejected drunks threw pint glasses, empty bottles and bar stools at police, who countered with dogs and the riot team.Perhaps the Portuguese police didn't go quite far enough. Next time they could try enforcing a "must get stoned" policy to get the English fans to relax a little. They could pump the smoke of burning marijuana into the stadium and let it waft through the happily sedated crowd. As long as the popcorn, peanuts and hotdogs flow just as freely, everything will be mellow, man.The fans could stand to take some initiative, as well. You can't be expecting the authorities to twist up the spliffs for you. [ Post Comment ] Comment #2 posted by Virgil on June 18, 2004 at 15:13:22 PT Pot causes extremely high electric bills They act like pot grows on trees in California. What is the maximum distance someone can now go in California without finding a dispensary? Look what pot did for their electric bills and courts and governor situation too.Anybody can see that pot causes high electric bills. [ Post Comment ] Comment #1 posted by FoM on June 18, 2004 at 14:04:38 PT Related Article from the Amador Ledger Dispatch Jackson, Ione Pass Emergency OrdinancesFriday, June 18, 2004By David HudsonLike their county, the cities of Amador one by one have reacted to medicinal marijuana dispensary applications by passing emergency ordinances that require yearly conditional use permits and set other restrictions.Joining Plymouth, the most recent ordinances were passed Tuesday by the city councils of Ione and Jackson, spurred by business applications from Mike Koll. According to Sutter Creek city staff, the city doesn’t have the item on its agenda this Monday, but sources believe the item will appear eventually.Jackson’s emergency measure is essentially the ordinance passed by the Plymouth City Council, according to Jackson City Attorney Dennis Crabb. Taking affect immediately, the ordinance allows only one dispensary in the city, limits the business to areas zoned heavy commercial or manufacturing, and restricts sales to city residents plus one person living outside those limits. Dispensaries are disallowed in a 1,000-foot radius around schools, libraries, parks, other sites that cater to minors and other dispensaries. Other requirements are imposed, as well.Ione’s ordinance is similar to those passed by the board of supervisors and the city of Jackson. Ione’s version, however, disallows any dispensary to be located “immediately adjacent” to any residentially zoned property, rather than imposing the 1,000 foot buffer as in Jackson’s and the county’s ordinances. Additionally, Ione’s version limits hours of operation to 9 a.m. to 3 p.m. The council approved the emergency ordinance with a 4-1 vote, with Councilman Jim Ulm voting no.Responding to an expected dispensary business application from Koll, the Plymouth City Council at its meeting of May 27 had become the first agency in the county to pass an emergency ordinance.http://www.ledger-dispatch.com/news/newsview.asp?c=111981 [ Post Comment ] Post Comment