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Medicinal cannabis clubs face scrutiny

by Cheyenne Cary, published on July 14, 2009 at 10:28PM

Storyline: City hall
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Although the medicinal use of cannabis has been legal in California since 1996, in Sacramento there's a growing concern over the uncertainty that surrounds local cannabis clubs — nonprofit clinics that sell cannabis in various forms to qualifying patients.

On Tuesday night, the Sacramento City Council voted unanimously to adopt a 45-day moratorium on the development of medical cannabis dispensaries in the city. No new dispensaries can be created and existing dispensaries will be unable to physically expand their operation, though they can still take on new clients.

The moratorium is intended to investigate the current status and number of medical cannabis clubs in the city to better inform future regulations, because even city officials acknowledge that they don't know.

Estimates vary on how many clubs operate within the city. Assistant City Manager Gus Vina estimated between 20 and 24, whereas at least 34 can be found online at sites such as Sacramento Cannabis Clubs.

These dispensaries bear various titles that may cause confusion over their actual services and legal standing. Some are wellness collectives, others are healing centers, some offer holistic or alternative medicines and others are labeled as delivery companies. Labeling in this way, many clubs avoid registering themselves as cannabis dispensaries with the city government and exist completely under the legal radar. The city council is uncertain as to how many exist within city limits and how many of those are working within legal statutes.

"That's one of the biggest problems," said Sacramento Special Projects Manager Michelle Heppner. "It's hard to say whether the city should regulate, prohibit or leave the dispensaries alone if we may have a zillion of them out there."

The city council heard testimony from a long list of interested parties before the vote, including medicinal cannabis activists, dispensary owners and patients benefiting from prescriptions. Among the speakers was Rich Guitron, CEO and general manager of R&R Coffee Wellness Collective, who vocally defended medicinal usage of THC.

"It's not just pot anymore," Guitron said. "There are thousands of strains that treat different ailments. It's a cutting-edge industry." He also highlighted discrepancies between drug legality and safety. "Over-the-counter medications kill 20,000 people a year and medical marijuana has never done that."

Currently, medical cannabis dispensaries are in legal limbo, caught between state and federal law.

Medical cannabis has been legal in California since 1996's Compassionate Use Act and further defined by the 2003 Medical Marijuana Act (a.k.a. Senate Bill 420), which allows for non-profit provision of THC herbal medicines. Sufferers of THC-treatable ailments, ranging from AIDS and cancer to depression and anxiety, are protected from arrest for the possession and cultivation of cannabis so long as they possess a doctor's recommendation or a medicinal cannabis ID card.

Yet, federal law still lists cannabis as a Schedule 1 controlled substance. This means that although dispensaries are protected in state law, federal drug enforcers could raid stores, seize assets and prosecute distributors at any time.

In fulfilling an Obama campaign promise, Attorney General Eric Holder said that the Justice Department has ceased federal raids on state-legalized dispensaries. However, Drug Enforcement Administration agents, although overseen by the DoJ, have raided and dismantled at least six California cannabis clinics this year, according to media reports.

Cannabis dispensaries are also illegal according to Sacramento city code, which complicates proceedings. During the moratorium, all cannabis dispensaries are asked to register themselves with city government. Once the dispensaries are registered, city government will not pursue enforcement and will allow them to continue operation, provided they remain within legal limitations on permits, sale volumes and clientele.

West Sacramento passed a similar moratorium on July 8 and other city governments have made similar moves to reexamine the weed community that has sprung up under their feet.

Local artist Rena Davonne provided the last piece of testimony, running to the City Hall after seeing the discussion on TV. "Marijuana saved my sister's life," she said, and detailed how her sister recovered from life-threatening illness with the help of THC. Cannabis didn't work for Rena's chronic pains, but seeing the relief the plant brought her sister made a believer out of her. "I would like to see medicinal marijuana expand, or grow, if you will."


Photos by Cheya Cary / courtesy James Leynse of Corbis
 

Conversation Express your views, debate, and be heard with those in your area closest to the issue.

FFT
July 15, 2009 | 09:33 AM
City officials act as if these collectives have, as this writer puts it, "sprung up under their feet." But in fact, collectives have of course been in town for years and city council was too fearful of federal crackdown to do anything about it. Blame the Bush admin, that's easy--but it's also another example of clueless and anemic council leadership on an issue california should be at the vanguard of (namely, medicinal marijuana).
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July 15, 2009 | 10:01 AM
hmm...it sounds like the city is trying to start regulating medical pot more. everyone needs to take into consideration that regulation is GOOD. regulating a system of clubs keeps them from being everywhere at once. decriminalization of pot and regulation seems to be on the horizon, and im all for that. but they have to impliment a system that works, for instance the department of health and human services just cleared all counties for a medical card for patients. although this program is voluntary...it might prove to keep patients out of jail/prison. it is a 45 day period for positive thinking hopefully and regulating this new medicine.2010 should be a good year for legal issues....and is supposed to be on the ballot...so tell a friend NOW before its too late...make your vote count in 2010!!!!
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July 15, 2009 | 11:24 AM
People want safe and legal access to this powerful healing herb. Given today's legal climate, it is no surprise that many medical marijuana dispensaries are opening up. I suggest that the city council partake of 'special' cookies before their deliberations. It is simply amazing how humanitarian people become under the influence of sister cannabis.
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July 15, 2009 | 01:00 PM
Excellent reporting, Cheyenne.
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July 15, 2009 | 08:15 PM
Vote OUT the City Council and the Board of Supervisors.

Those D-bags will regulate any type of business they hear some hoity-toity whiner was offended by... whether it's a strip club or medical marijuana.
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July 15, 2009 | 09:39 PM
We say, ILegalize it!
Potheads who want legal excuse to use pot always hide behind the banner of 'medical marijuana'.
Is pot better than manmade drugs? SURE!
That's like saying that being hit by a car is better than being hit by a semi, both are unnecessary.
Federal law > local law.
Recreational drug use is for losers.
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September 17, 2009 | 03:09 PM
Me thinks he doth protest too much - and with the audacity of using a Henson avatar!
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July 15, 2009 | 11:14 PM
Federal law > local law ?

10th amendment > your opinion
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July 22, 2009 | 11:40 AM
I set in the hospital as my brother faught for his life and the doctors could not get his blood pressure down they were afraid he would suffer a stroke if they could not ger it down. My brothers girlfriend got a wheel chair and she took my brother out of the hospital without the staff knowing gave him his medical canibas and guess what. The nurse came in to make her rounds took his blood pressure and it was down. She had the doctor paged when he came they told him what they had done the doctor was speechless.
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September 9, 2009 | 09:38 AM
There is a movie available through Hollywood video (thats where I found it) called "The Union". Those of you on the side of the status quo or keeping marijuana law and policy "as it is" should see this. It opened my eyes to a lot of issues that are not commonly at the front of the marijuana/cannibis discussion. This movie is a strong cup of coffee for the side of legalization; it also touches on the decriminalization debate.
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October 6, 2009 | 11:17 AM
WALDORFANDSLATER
"Potheads who want legal excuse to use pot always hide behind the banner of 'medical marijuana'.
Is pot better than manmade drugs? SURE!"

I am no pothead! I am a medical marijuana patient whom helped change the laws because I can't take my "Man Made" prescriptions without the help of Marijuana! It's Life & Death for me!! and I help make laws so I am not hiding behind the "EXCUSE" of medical marijuana! I am living because of it! I haven't experienced the feeling of hunger in 15 years and have terrible pain in my stomach as well as pain & vomiting... Marijuana is no excuse for me and thousands of others.

Your comment is ignorant and offensive towards patients and the sick so get a mind or close your mouth!!! There is no hiding for most seriously ill.
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