Nov.
22nd, 2005. The San Francisco Board of Supervisors approved a long-awaited
medical marijuana dispensary ordinance, which allows most of the cityıs existing
facilities to continue in operation.
The
ordinance was sponsored by Sup.
Ross Mirkarimi, a supporter of medical marijuana, who strove to protect patient
interests while addressing complaints by vocal neighborhood groups upset at
nuisances caused by certain clubs.
After lengthy negotiations, Mirkarimi managed to hammer out a compromise
that won unanimous approval from the Board.
The
ordinance effectively ratifies the status quo. It allows all but a couple of the cityıs existing 34 dispensaries
to remain in operation, but makes it much harder for new facilities to open
up. New facilities would have
to be located at least 1,000 feet from schools or recreation buildings, a
requirement restricting them to a few remote corners of the city.
Dispensaries
would be required to pay a $6,691 permit application fee and a $3,100 annual
renewal fee. All dispensaries
would have to provide wheelchair access and could not be located in residential
neighborhoods. Customers would
be required to have a valid city or state identification card. Sales would be limited to one ounce per
customer so as to discourage redistribution, instead of the eight ounces currently
allowed by some clubs.
Proponents
managed to fend off a proposed ban on smoking at clubs located within 1,000
feet of schools. The provision
had been inserted at the insistence of the City Attorney on the erroneous
assumption that state law SB 420 bans smoking within 1,000 feet of schools.
California NORML lobbied strongly against the provision, producing
expert testimony that SB 420 did nothing more than authorize local communities
to ban public smoking near schools if they wanted.
The provision was finally scotched by adding the qualification, "unless
not required by state law." The
final decision as to whether the smoking ban is required will be in the hands
of the state attorney general, whom advocates expect will rule favorably.
The
ordinance also establishes new guidelines for patient cultivation. Patients will be allowed up to 24 plants
or 25 square feet of growing area, instead of the current state limit of 6
to 12 plants. Dispensaries will
be limited to a total of 99 plants and 100 square feet.
Advocates
were generally relieved that the ordinance did not drastically restrict the
dispensaries, as had been proposed by some critics, such as Sup. Sean Elsbrend,
who had proposed cutting back to just eight clubs, However, they criticized the ordinance as a victory for "Big
Pot," saying that it would hamper future growth and competition by new
clubs.