cannabisnews.com: Santa Cruz Considers Medicinal Marijuana Ordinance Santa Cruz Considers Medicinal Marijuana Ordinance Posted by FoM on March 28, 2000 at 14:53:27 PT By Robin Musitelli, Sentinel Staff Writer Source: Santa Cruz Sentinel Santa Cruz is poised to tread into the political minefield of medical marijuana because of a proposed ordinance that would allow marijuana to be grown and used under city protection. If approved by the Santa Cruz City Council tonight, the ordinance would allow city-approved marijuana collectives to grow and provide marijuana to patients with certain illnesses. A key feature is that they would not need a prescription from a physician. The statute would put Santa Cruz among a handful of California cities attempting to implement Proposition 215, the medical marijuana initiative approved by state voters in 1996. But it also would put the coastal city in the headlights of the federal government which has insisted that it will continue to enforce its contradictory laws. "I feel pretty confident that this is a sustainable ordinance that the courts will uphold," said City Councilman Mike Rotkin, who helped draft the ordinance. As proposed, the ordinance would authorize use of marijuana by people who are being treated for cancer, anorexia, AIDs, chronic pain, spasticity, glaucoma, arthritis, migraine headaches "or any other illness for which marijuana provides relief."The patient would need to be under a doctor’s care for those ailments, said Rotkin. But the ordinance would not require the physician to actually prescribe marijuana. That would protect physicians, who have been at risk of losing their medical licenses if successfully prosecuted by the federal government for prescribing marijuana, Rotkin said. "Basically what we’ve done is say that if people have a diagnosis from a doctor for things that are commonly felt to be treated by medical marijuana, it makes that legitimate," Rotkin said."This is not an attempt to basically legalize marijuana. That’s not what this is about. This is strictly about medical marijuana," Rotkin said.The ordinance should also help clear up the legal quandary of contradictory statutes left on the books by Proposition 215, said Deputy Police Chief Jeff Locke.In the three years since Proposition 215’s introduction, Santa Cruz police have adopted a series of questions to determine how to handle medical marijuana cases. The goal has been to "follow the spirit of the state law as much as possible," Locke said. "Hopefully this ordinance will clarify those ambiguities," he said.Locke said the Police Department is not opposed to the pending proposal."I think we have all come together and agreed on a compromise," he said. The proposed ordinance is similar to one enacted in Oakland, and was reviewed by lawyers who successfully defended Oakland’s statute in a lawsuit brought by the federal government, Rotkin said. However, it differs in a significant aspect: The Santa Cruz proposal would allow only "medical marijuana provider associations" that meet guidelines and are approved by the City Council. "Buyer’s clubs," which are akin to storefront pharmacy operations where members buy packaged marijuana, are not allowed, Rotkin said.The Santa Cruz ordinance also would prohibit anyone to profit from the sale of marijuana. The marijuana associations or collectives would issue membership cards, and grower certificates. Unlike buyer’s clubs, membership would be based on a physician’s recommendation or approval, not the on the members’ ability to pay for marijuana. Rotkin said he helped draft the ordinance with the Santa Cruz Wo/Men’s Alliance for Medical Marijuana in mind. A patient support group, WAMM is a 200-person collective whose members aid one another in marijuana cultivation. The collective operates from the home of leader Valerie Corral and uses marijuana accounts. Patients have a certain amount they can withdraw from their account during a year. Corral was thrilled with the proposed city law."This is gratifying," she said. "It’s a step where we’re unifying the community and the city is actively supportive of our collective effort."Corral said that what separates the Santa Cruz proposal from others, such as Oakland’s, is that "it’s patient-run organizations" without the high prices of buyers’ clubs. "It no longer supports the figure for marijuana inflated by a black market."Locke said city police suggested several provisions that were included. Among them: caretakers who provide marijuana to patients have to be at least 18.Police will also be able to verify card holders through a telephone hotline maintained by the marijuana collective. "We were concerned that documents could be forged if we didn’t have a way to check up on them," Locke said. Police also wanted to make sure no one profited from the sale, Locke said. "If, in fact, people have a medical condition and they’re needy, we didn’t want people gouging them," he said. The ordinance will be considered during the evening session of the Santa Cruz City Council, beginning at 7 p.m. at City Hall, 809 Church St. Santa Cruz Published: March 28, 2000 Copyright © 1999-2000, Santa Cruz County Sentinel Publishers Co.Related Articles & Web Site:WAMMhttp://www.wamm.org/Marijuana as Arthttp://www.cannabisnews.com/news/thread2094.shtmlPot Farm: Group Serves Ill and Offers Supporthttp://www.cannabisnews.com/news/thread1636.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by Douglas Perry on July 24, 2001 at 16:54:34 PT: WAMM violating the law I viewed the article about the Santa Cruz Medical Marijuana issue. I believe that it is misleading. WAMM is an organization which sells pot. If you are a member, you are required to make a mandatory "Donation". This clearly violates Federal law.....(ref: Oakland Buyers Club case recently reviewed by the U.S. Supreme Court.) [ Post Comment ] Comment #3 posted by Tom on March 29, 2000 at 10:36:46 PT An American LOURDES! Why go to Europe. Be healed in the U.S.A., but at the risk of going to jail. [ Post Comment ] Comment #2 posted by MMM on March 29, 2000 at 10:33:19 PT One city? It'd be wiser if the states would work together. Imagine how many sick people will want to move to this city, not to mention people who just enjoy recreational pot. [ Post Comment ] Comment #1 posted by military officer guy on March 28, 2000 at 21:02:40 PT cross your fingers... that would be huge if this gets passed...i'm loving it...it even has police on our side, can't beat that...we can win this war... 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