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Old 12-19-2009, 12:55 PM
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Default City Imposes Temporary Ban on Pot Collectives

The Redwood City Council imposed a temporary ban last night on medical marijuana collectives in the city for at least 45 days to allow its staff to spend additional time researching appropriate regulations.

The moratorium may be extended by an additional 22 months and 15 days, however, if the council sees fit.

At least one medical marijuana advocate, though, urged the city to make up its mind quickly on the subject and not extend the moratorium until the end of 2011.

Redwood City’s Planning, Housing and Economic Development Department has received a high number of inquiries by prospective applicants hoping to establish medical marijuana collectives, said Sailesh Mehra, associate planner with the city. The inquiries prompted both the city attorney and police chief to join together to request the moratorium so staff can research how other cities and counties have approached the issue. The city has not received any applications, only inquires, according to a staff report.

Redwood City joins South San Francisco and San Bruno as other cities that have recently imposed similar moratoriums.

Since the city does not regulate medical marijuana collectives, city staff is concerned such an establishment might be considered similar to a pharmacy, medical office or clinic when it comes to the city’s municipal code or zoning ordinance and land use. Staff is also concerned such operations may open near schools or day care centers.

Police Chief Louis Cobarruviaz called for the moratorium on medical marijuana collectives because he said jurisdictions that do allow them have suffered increased crime including robbery, loitering and illegal drug sales.

Councilmembers did not have much to say on the topic and unanimously approved the moratorium although Councilwoman Barbara Pierce asked Mehra what the city’s process would be in making future recommendations to council on the collectives.

“Basically we are going to research, research, research,” Mehra said.

Michael Valencia, of the Peninsula Patients Collective, asked the council not to impose the moratorium beyond Jan. 28, 2010 when the temporary moratorium approved last night expires.

“I would like to open a model club here,” said Valencia, who grew up in Redwood City. “I would like to see this happen as fast as possible and will offer my services and answer any questions you might have.”

There were no questions for Valencia, however.

Valencia wants to prevent sick and dying patients from being forced to travel out of county to get their medication or from having to buy it on the black market illegally. He also wants to create jobs and envisions opening a holistic center that provides information on nutrition, herbs and exercise to its members.

Newly elected Councilman Jeff Gee said he came across the issue while out campaigning for his seat. He noted that some marijuana businesses had opened in unincorporated Redwood City in the North Fair Oaks neighborhood.

“If we are going to permit it, lets get it right,” Gee said.

Voters legalized medical marijuana in the state in 1996. Senate Bill 420 clarified the law in 2004. In the time since, counties and cities have struggled with abiding by the law while keeping the collectives in check. According to Redwood City data, 50 cities have temporarily banned them through a moratorium, 100 have banned them outright and approximately 30 cities allow them with regulations.



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