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San Francisco permits cannabis outlets PDF Print E-mail
Written by Chris Conrad   
Most of the city’s existing dispensaries to stay open

An ordinance to regulate San Francisco medical marijuana sales, authored by District 5 Supervisor Ross Mirkarimi, won approval Nov. 15. The measure was hashed out in a gauntlet of neighborhood groups, patients, cannabis providers, activists, media hype, law enforcement agencies and internal Board politics, but came through in surprising good form.

    “It enacts a number of zoning restrictions and guidelines for existing and new dispensaries,” said Mirkarimi. “New dispensaries face a Public Health and Planning Dept. hearing to make sure their applications conform to city policies."
After months of debate, San Francisco Supervisors adopted an ordinance to keep most of the County's medical marijuana dispensaries open for business, such as the Green Cross, shown here. Photo by Marcy Boas
After months of debate, San Francisco Supervisors adopted an ordinance to keep most of the County's medical marijuana dispensaries open for business, such as the Green Cross, shown here. Photo by Marcy Boas
Under the new code, licensed cannabis dispensaries can operate throughout the city but must be situated 500 feet or further from a school. About 35 existing clubs would be exempt from the city’s zoning requirements, but must abide by the new county health provisions, which forbid clubs to allow smoking at any facility within 1,000 feet of a school.

    The provision would essentially ban cannabis smoking at 13 dispensaries, but the phrase “unless not required by state law” leaves the door open for an interpretive ruling by the state Attorney General’s Office. State law bans cigarette smoking only within 25 feet of a school.

    While the ordinance allows most clubs to stay open, it makes it harder for new clubs to come to the city and for existing clubs to relocate. Both the Green Cross and Mendocino Health Alternatives are seeking to relocate and would be considered as new dispensaries. Dispensaries were also excluded from residential and industrial districts, which affects the Vapor Room and Re-Leaf Herbal Center.

    In a last-minute amendment by Sup.  Michela Alioto-Pier, the ordinance tightened its guidelines for patients, setting a maximum cannabis purchase of one ounce at a time and possession of eight ounces without arrest. Patients are also extended immunity to grow 24 cannabis plants each or 25 square feet total of garden canopy, not 99 plants in 100 square feet, as was proposed. However, each patient may designate more than one caregiver to possess a similar amount for them.

HopeNet raided by feds

    The ordinance was tested Dec. 20, when federal DEA (Drug Enforcement Administration) agents raided a home and buildings where medical marijuana was allegedly grown. An action alert from Americans for Safe Access and others drew nearly 100 demonstrators to quickly gather outside the Hopenet Medical Cannabis Cooperative. The well respected 1000-member collective provides free medicine to over 40 seriously ill, low-income patients. Hopenet directors Steve and Cathy Smith were detained and released in time to join a press conference in front of the dispensary, along with Supervisor Chris Daly and a spokesman from Rep. Mark Leno’s office.

Steve and Cathy Smith, directors of HopeNet, went to San Francisco City Hall on Jan. 11 to hold a compassionate medical marijuana giveaway to 20 indigent patients after a federal raid on their home and dispensary. Photo by Michael Aldrich
Steve and Cathy Smith, directors of HopeNet, went to San Francisco City Hall on Jan. 11 to hold a compassionate medical marijuana giveaway to 20 indigent patients after a federal raid on their home and dispensary. Photo by Michael Aldrich


    After a five-hour standoff, drug agents left without entering the dispensary, returning in the early evening hours, after the protesters were gone, to finish the raid.
 
     On Jan. 11 there was a support rally and press conference followed by a compassionate giveaway outside City Hall. The Smiths and others distributed medicine to 20 HopeNet patients. Several political leaders were represented at the press conference expressing support, with statements from SF Mayor Gavin Newsom, Assemblyman Mark Leno (D-SF), Senator Carole Migden (D-SF) and SF District Attorney Kamala Harris. Supervisor Chris Daly spoke at the press conference. Supervisor Mirkarimi, speaking at the compassionate giveaway, said the raid showed that County officials need to know what the federal government is up to. “No matter what legislation we craft, we always have to look over our shoulder.”

    The Drug Policy Alliance played a key role in negotiating the dispensary approval process, and DPA spokesperson Camilla Field was present at the giveaway.

    “In this time of gross overextension of our federal resources both abroad and at home,” said Field, “it is disgraceful that our government deems it acceptable to waste valuable taxpayers’ dollars targeting the medical cannabis community.”
 
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