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Old 08-10-2009, 08:42 PM
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Default County Lays Down Law For Pot Collectives

The opening of a medicinal marijuana collective in Moss Beach earlier this summer combined with a budding interest in cannabis clubs in unincorporated San Mateo County is prompting county officials to clamp down with regulations for vetting potential collectives and their members.

Recognizing what county Counsel Michael Murphy characterizes as a “growing trend” in prescription pot use, the Board of Supervisors passed an ordinance in May calling for creation of a licensing program for legal distributors of the potent plant.

“It’s intended to ensure that these operations, as they go, in fact are collectives the way the attorney general is defining them,” Murphy said. “The last thing we want to do is grant license to a person not operating under the law.”

Last week, county lawmakers approved an extensive application required for all pot collectives – existing and proposed. The 13-page form is the collaborative invention of the county counsel’s office, Sheriff’s Office and licensing board. It outlines the first legal framework for pot distribution in the county.

Prior to the ordinance, local government had no oversight of the practice. Collectives could set up shop as they pleased, without issuing any advanced notice. Noting the opening of the Moss Beach collective in June, county lawmakers thought it prudent to establish guidelines for existing and potential clubs.

“Beforehand, there was no process. In other words, the collective just showed up and there was no formal review. Other than leasing the building and setting up, there was no local law to review what they were doing,” Murphy said.

Medicinal marijuana has been an issue of much debate since California voters approved Proposition 215, the Compassionate Use Act, in 1996. The Legislature allows doctor-approved uses of the drug for a variety of ailments.

Now, club founders in the county need to gain approval first from the Sheriff’s Office before moving to the licensing board. Deputies are reserving the right to inspect collectives any time, without warning, to ensure businesses are consistent with county regulations. Murphy says the county wants to keep pace with “fast developing” medical marijuana laws that vary throughout the state.

“We were hoping to put together something that would be like a model for other cities to consider (in creating their own laws),” said Chief Deputy County Counsel Penney Bennett.

Currently, four collectives operate in unincorporated San Mateo County. Three are situated in the North Fair Oaks area; the fourth is Blue Heaven in Moss Beach. The county doesn’t keep track of numbers for residents holding medical marijuana cards or membership to collectives or how many collectives there are in county cities. Bennett estimated the number of cardholders in the county at “several hundred,” and said the only two cities she knows of that regulate collectives are San Mateo and South San Francisco. The applications should shed some light on those figures, she said.

Pre-existing collectives have 45 days from July 28 to fill out and submit the application.

Aside from providing basic information about the business operations and employees, applicants must also submit written responses to 43 pertinent inquiries – most address monitoring and security strategies.

County authorities say they aim to enforce a “closed circuit” of marijuana cultivation, distribution and consumption. They demand club owners illuminate the path their pot travels – from seed to sale – and also what safety measures collectives intend to take to prevent their pot from reaching un-carded hands.

As owner of Blue Heaven medical marijuana collective in Moss Beach, Half Moon Bay resident Ruben Muniz has already taken precautions in that department.

“We put stickers on our product that identifies it as a medical product,” he said. “Also, when (members) sign up with us they have a membership agreement saying they won’t redistribute or share meds with non-patients … If we need to do any other measures, we’ll adjust as we need to.”


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