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Thursday, October 20, 2005

Feel-good theory is rubbing up against reality. San Francisco is finally cracking down on its runaway pot-club industry.

Dispelling the clouds of wishful thinking has taken far too long. The medical-marijuana cause and the city's trusting belief system have needed a wake-up call for months.

After initial jousting, Mayor Gavin Newsom and city supervisors, with board member Ross Mirkarimi doing the heavy lifting, are close to agreement on ending a chaotic, even dangerous, pot scene.

San Francisco, along with the rest of California, voted in favor of the palliative use of marijuana as a painkiller. But this humane intention can be subverted too easily, a fact proven by the 35-odd clubs operating here with no limits.

After months of talks, the mayor and supervisors are close to agreement on a package of rules that should knock down this number, tops in the state.

The new plan will limit location and operations and provide city oversight. For starters, medical-marijuana outlets can't be near schools and residential areas. Because this restriction will push pot clubs to the far reaches of the city, a buyer will be allowed up to a half-pound of weed per purchase to save on repeated trips. Think eight one-ounce baggies per visit, an amount that shouldn't inconvenience any buyer.

If that rule sounds generous, consider a tougher one. A club operator will be run through the full made-in-San Francisco regulatory gantlet of a half-dozen red-tape agencies, departments, hearings and disability access requirements to obtain an operating permit. This includes a police check on pot-club employees and a fire inspection if customers want to light up on the premises.

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Proposal would put some dispensaries out of business

Rachel Gordon, Chronicle Staff Writer

Wednesday, October 19, 2005

The San Francisco Board of Supervisors is considering a crackdown on medicinal pot clubs with proposed regulations that, if passed, would force some existing shops to close.

The board tightened proposed regulations on the clubs Tuesday but stopped short of adopting the new rules, which for the first time would put the dispensaries under city purview.

Supervisor Ross Mirkarimi, who has taken the lead on the legislation, walked into the board's weekly meeting thinking he could strike a deal that could win majority support among his colleagues. But hours later, after a series of amendments were adopted and rejected, the board opted to delay a vote on the final proposal for a week.

"We plowed through a lot today, but we're not done sculpting what will be an historic piece of legislation,'' said Mirkarimi.

Several operators of pot clubs complained that the proposed rules are too restrictive and would put them out of business. And there are those, primarily neighbors of some of the clubs, who are intent on doing just that.

Still, Mirkarimi voiced optimism that regulations would be adopted, and aides to Mayor Gavin Newsom, who supports medicinal marijuana but called for city regulation of the dispensaries, said the proposal was moving on the right track.

As now drafted, the proposed regulations would:

-- Require medical marijuana clubs, including those already in business, to obtain a permit to operate from the Department of Public Health. The Planning Commission would hold a hearing on each request as part of a discretionary review process, and could attach conditions, such as hours of operation and good-neighbor policies, on the permits.

In addition, the Fire Department and the Police Department would have to sign off on the permits. The Planning Commission's decision could be appealed to the city's Board of Appeals, a panel whose members are appointed by the mayor and the Board of Supervisors.

Operators would have 18 months to apply for a permit. Supervisor Sean Elsbernd's proposal to shorten the period to six months was rejected.

-- Limit to half-pound a day the amount a person with an official medical marijuana card -- which is issued to caregivers and patients -- could obtain from any one club a day. Mirkarimi originally proposed limiting the amount to a pound, but relented at the request of the mayor.

-- Prohibit the medicinal cannabis dispensaries from operating within 500 feet of schools. The prohibition would be extended to 1,000 feet for clubs that allow marijuana to be smoked on the premises. Clubs also could not be located on the same parcel as a substance abuse treatment program.

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