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Old 09-25-2009, 06:25 PM
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Default Group Still Plans To Smoke Pot In Park During MMJ Festival In Santa Cruz

City police officers could be in the uncomfortable position of ticketing ill medical marijuana patients on Saturday if leaders of Wo/Men's Alliance for Medical Marijuana try to allow patients to inhale at their annual festival.

Valerie Corral, co-founder of WAMM, a nonprofit collective for seriously ill medical marijuana patients, told council members on Tuesday that patients needed a spot to smoke if necessary at Saturday's celebration of medical marijuana. She said the group would erect tents near the sidewalk for patients with prescriptions to smoke privately during the annual celebration in San Lorenzo Park.

Smoking of all sorts is banned in the park but is allowed on the sidewalk until Santa Cruz's new no-smoking rules take effect next month. To city leaders, though, "near the sidewalk" is still in the park. As a result, those caught breaking the smoking ban could be cited $70.

"Of course it's awkward," said Councilman Mike Rotkin, a longtime WAMM supporter. "Both WAMM and probably most of the council members, if not all of them, would rather that it did not end up this way. This is messy."

The situation arose from a procedural foul-up that precluded WAMM from asking the city council to lift the no-smoking ban so the group could hold its annual medical marijuana celebration in San Lorenzo Park, as in years past. On Tuesday, Corral took responsibility for not asking a city council member to sponsor the item for consideration on that day's agenda, as required under city rules.

"I apologize for the kerfuffle that's come about," Corral said.

Her solution, tents near the sidewalk, was not an acceptable compromise for council members.

"While I understand that need, there is a risk (of citation)," said Councilwoman Lynn Robinson.

Santa Cruz Police spokesman Zach Friend reiterated previous statements that the department will not increase the number of officers on duty for WAMMfest, but those working will give tickets to people caught smoking in the park. The city also could fine WAMM for violating its use permit for the event.

"It is our desire that WAMM will take ownership of the fact that an exemption was not granted and encourage attendees to respect the ordinance," Friend said. "If attendees elect to flaunt the ordinance, we are more than willing to issue citations." Corrall said people are missing the point that the those who will be smoking are seriously ill and use marijuana to relieve their symptoms. She said the smoking will continue, but WAMM will ensure it is discreet.

"We're losing track of what's important here," Corrall said. "You almost wouldn't know that this is about people who are sick."

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