San Jose Marijuana Dispensary MedMar Questions New Ordinance that Will Force 90% of City’s Cannabis Collectives to Close

San Jose, CA (Vocus/PRWEB) May 12, 2011

As reported by Mercury News, on Tuesday, April 19th, the San Jose City Council passed an ordinance mandating that all marijuana distributed by a San Jose medical marijuana dispensary must be grown on site. San Jose medical cannabis provider MedMar Healing Center says this will place a de facto ban on most medical marijuana dispensaries in San Jose, and those dispensaries that do have the space and extensive resources to manage an on-site cannabis garden will not be able to maintain the current level of quantity, quality or diversity of medical cannabis. In addition, hosting all production in-house will greatly increase the security risks to any given cannabis collective.

In a letter to Chuck Reed, the Mayor of San Jose, MedMar President Douglas Chloupek raises concern about the repercussions of the new ordinance.

“The large facilities that do have enough space and power to attempt some amount of on site production will still have to drastically reduce the selection and availability of all types of medical cannabis products. This inability to meet the needs of the patients will lead to an inevitable return to the black market for many individuals.”

Further crippling the legal medical marijuana dispensary markets, the main provisions of the ordinance allow only 10 total medical marijuana dispensaries (2 max per district); all medicine must be grown on site; and dispensaries can only be located in four zones: light industrial, commercial general, downtown primary commercial and combined industrial commercial.

These conditions will send patients back to the black market to gain access to the medication they need, while making remaining dispensaries the targets of theft, warns Chloupek. “Without a large production garden on site, the incentive level for theft is far less because cannabis can be stored in a safe, whereas budding plants cannot.”

MedMar Healing Center is capable of being 100% compliant with the new city ordinance, but they hope for a reduction in the percentage of product that is mandated to be grown on site because they believe the ruling will discourage patient connection to the growing process. Exclusive on-site cultivation directly contradicts both SB 420 and the entire closed loop operation model. If cooperatives grow exclusively on site, patients have less involvement in the collective cultivation model.

Ultimately, this City Council ordinance affects all San Jose medical marijuana patients, changing where they can go to find the medicine they need, the quality of product they have access to and the level of safety they will experience.

For more information about MedMar’s concerns regarding the San Jose City Council ordinance, or to learn more about any of MedMar Healing Center’s products and services, call             (408) 426-4400 begin_of_the_skype_highlighting            (408) 426-4400      end_of_the_skype_highlighting       or visithttp://www.sjmedmar.com. MedMar is located at 170 South Autumn Street in San Jose.

About MedMar Healing Center
MedMar Healing Center is a San Jose Medical Marijuana Dispensary, acting as an easily accessible resource for Bay Area medical marijuana patients. We are a community-based San Jose medical cannabis club centrally located in downtown San Jose, only blocks from the San Jose Sharks home, HP Pavilion. We are close to major freeways and thoroughfares, and we are located near all the major public transit options, including Diridon Station.

MedMar provides residents of San Jose with medical marijuana in many forms, including flowers, hash, edibles, and concentrates. MedMar Healing Center tests each of their strains of medicine for a Cannabinoid profile, which helps their knowledgeable staff recommend the best medicine for the diverse ailments of each client.

source: http://www.prweb.com/releases/San-Jose/marijuana-dispensary/prweb8415663.htm

75 Marijuana Tax Brings in 290k in First Month

The first month of San Jose's 7% tax on medical marijuana seems to be a success, at least as far as monetary support to the city is concerned. The city collected 290k in the first month of the tax being implemented, If these numbers did not change, though they would certainly lower with current city plans, this would bring the city about $3,500,000.

Starting March 1, San Jose slapped a seven percent tax on medical marijuana dispensaries under a measure city voters overwhelmingly approved last November. Even though San Jose officially considers all 100 or so of its dispensaries to be unlawful, pot providers are still required to pay the special marijuana tax to the cash-strapped city. - Steve Elliott

This tax of course is on top of the 9.25% mandatory sales tax, bringing the total taxes paid by medical marijuana patients to 16.25% of the cost of their medicine. The total of $290,000 is from only the 7% tax, and should silence those who argue that police work would be strained by medical marijuana dispensaries in San Jose. In fact it, all signs point to the fact that medical marijuana not only brings money into a city, but also reduces the strain placed on local police departments by the war on drugs. 

Santa Cruz Dispensary Ruling, Strikingly similar to San Jose

Santa Cruz Rules on Dispensaries

Approved 5-0, they also require an 800-foot buffer between two dispensaries, and a 600-foot buffer between dispensaries and schools. A moratorium on new clubs within the county's coastal zone remains in place until the Coastal Commission reviews the regulations, which could take several months.
The city of Santa Cruz limits the number of pot clubs to two. Last week, the San Jose City Council voted to limit that city's number to 10.

In case you were wondering about the population different of San Jose and Santa Cruz. According to Google, the population of Santa Cruz is 253,137 and San Jose's is 958,789. This shows that Santa Cruz has an nearly identical policy to San Jose as far as the dispensaries per capita. San Jose has nothing in the laws about a buffer zone between two dispensaries though, but there is a limit of two dispensaries per districts  in San Jose. 

1996 San Jose Medical Marijuana Memorandum

Below is a copy of the 1996 City of San Jose Memorandum outlining the rules for marijuana dispensaries in San Jose. This has been the only legislation covering medical marijuana until the April 19th vote in City Hall. 

TO: SWORN PERSONNEL

FROM: LOUIS A. COBARRUVIAZ, CHIEF OF POLICE

__________________________________________________________________

SUBJECT: PROPOSITION 215 -- 11362.5 H&S MEDICINAL USE OF MARIJUANA

APPROVED DATE: FEBRUARY 18, 1997, #: 97-04

__________________________________________________________________

BACKGROUND

Proposition 215, which allows the medicinal use of marijuana, was approved by the voters and became effective November 6, 1996. This legislation has been added to the Health and Safety Code as Section 11362.5.

ANALYSIS

This law allows for an affirmative defense by a physician, patient, or a primary caregiver who uses, assists to use, or cultivates marijuana to treat serious illness. Medicinal use of marijuana is still a federal crime, but the Santa Clara County District Attorney does not intend to enforce federal statutory law where it conflicts with Proposition 215. The District Attorney believes, "Truly ill persons should go unmolested for using (or cultivating) marijuana in a reasonable way for medical purposes if approved by a physician."

The law provides that the physician and one primary caregiver should not be punished for acts resulting in marijuana use by the ill person. A primary caregiver is defined as "an individual designated by the patient who consistently assumes responsibility for the patient's housing, health, or safety."

The District Attorney's Office will prosecute persons using Proposition 215 as an excuse to possess or use marijuana outside a legitimate medical context. Standards of reasonableness in deciding enforcement issues are similar to those in needle or drug possession cases where a prescription is claimed or in a gun possession case where a permit is claimed. It should be kept in mind that mere oral approval by the physician is all that is necessary to comply with the law. Standards of probable cause for a vehicle search, person search, arrest, or a search warrant request should take into account known facts regarding the permitted uses of marijuana under Proposition 215.

ORDER

Effective immediately, officers will not cite or arrest physicians, primary caregivers, or patients possessing or using marijuana for legitimate medicinal purposes in accordance with 11362.5 H&S.

POLICY DETENTION AND ARREST --

L 3200 MARIJUANA LAW VIOLATIONS:

Whenever a Department member makes an arrest involving a marijuana law violation, the criminal citation will be employed as an alternative to physical arrest if the law or proper authority mandates its use. When the use of the criminal citation is not mandated by law or required by proper authority, violators will be booked. Officers will not cite or arrest physicians, primary caregivers, or patients possessing or using marijuana for legitimate medicinal purposes in accordance with 11362.5 H&S.

PROCEDURE

L 3201 MEDICINAL USE OF MARIJUANA:

When encountering marijuana in a field situation, officers will determine if the person possessing or furnishing the drug has been given a written or oral recommendation or approval for its use for a serious illness by a physician. If necessary, officers shall investigate whether a suspect meets the criteria for being a primary caregiver under the law. Officers shall intelligently employ the same reasonable person standards utilized in other cases for determining whether there is probable cause for citation or arrest. If the recommendation or approval can be substantiated, no enforcement action should be taken.

If the possession is more consistent with recreational use, no medical documentation can be provided and any story given as to a physician's recommendation is unreasonable or cannot be confirmed, officers should cite or arrest for the appropriate sections. Officers will document the names and capacity of any involved parties, addresses, phone numbers, duration of care, nature of the suspect's illness, date of physician's approval or recommendation for marijuana use, and any other pertinent information when a suspect may claim a medicinal use of marijuana defense.

Persons arrested or receiving a citation should be notified by the arresting or citing officer to call, or have their attorney call if they are represented. the District Attorney's Office as soon as possible if they can produce any verification of a physician's recommendation or authorization for marijuana use.

L 3202 ADULT PROCEDURE:

The following procedure will be adhered to in all marijuana law violations involving adults.

L 3203 POSSESSION, TRANSPORTATION, OR GIVING AWAY OF MARIJUANA -- ONE OUNCE OR LESS:

As required by law, officers arresting an adult for a marijuana law violation will utilize the criminal citation and field release the violator whenever the following elements are .satisfied.

-- The amount of marijuana is one ounce or less and is not "concentrated cannabis."

-- The violator provides satisfactory evidence of identity.

Property of San Jose Police Department

For Official Law Enforcement Use Only

Officers will, when encountering marijuana in a field enforcement situation, determine if the person possessing or furnishing the drug has been given a written or oral recommendation or approval for its use for a serious illness by a physician. If necessary, officers shall investigate whether a suspect meets the criteria for being a primary caregiver under the law.

Officers will document the names and capacity of any involved parties, addresses, phone numbers, durations of care, nature of the suspect's illness, date of physicians' approval or recommendation for marijuana use, and any other pertinent information when a suspect may claim a medicinal use of marijuana defense. Persons arrested or receiving a citation should be notified by the arresting or citing officer to call, or have their attorney call if they are represented, the D.A.'s Office 299-8490 as soon as possible if they can produce any verification of a physician's recommendation or authorization for marijuana use.

Officers may contact Deputy District Attorney Kim Connors at 299-8490 if they have questions regarding the technical application of this law.

LOUIS A. COBARRUVIAZ Chief of Police

http://www.safeaccessnow.net/sanjose.htm

http://www.safeaccessnow.net/pdf/sanjose.pdf

All On-Site Cultivation | San Jose Marijuana News

According to the new San Jose City Ordnance, all marijuana for medical marijuana collectives will have to be grown on-site. It is argued that this could lead to more crime and easier federal meddling in a State matter. All on-site cultivator will undoubtedly lead to large grow operations located in very specific area's, placing a target on the backs of every collective in San Jose. If laws are suppose to be about keeping society safe than this ordinance does the opposite in regard to cultivation area's.

To put this in prospective, here are the current laws regarding Medical Marijuana Dispensaries in other cities in California:

Berkeley: On or off-site cultivation permitted. If off-site, and in a place that is visible with the naked eye from any public or other private property (excludes secure rooftops or balconies that are not visible from other buildings or land), is allowed to cultivate 10 plants at one time on a single parcel or adjacent parcels of property.

Long Beach: On or off-site cultivation, must occur within the City of Long Beach

Napa: On or off-site cultivation. On,site cultivation requires only indoor, not exceeding 100 sq. ft. and each plant must be boxed individually. Off-site cultivation requires an "Aggregated Offsite Cultivation Permit."

Oakland: On or off-site cultivation. Note: Off-site large-scale industrial cultivation currently suspended pending further review by the City Council. 

Sacramento:  Off-site cultivation only.

San Francisco: On or off-site cultivation. If cultivation is on-site, it must be conducted indoors.

Richmond: On or off-site cultivation.

Sebastopol: On or off-site cultivation. If on-site, requires that no more than 750 sq. feet additional square footage may be permitted.

Stockton: Off-site cultivation only.

Source: http://www.sanjoseca.gov/clerk/Agenda/20110412/20110412_0303.pdf

Council Members Won't Vote for Medical Marijuana for any reason

Councilmembers Kansen Chu and Xavier Campos, clearly wishing they were back in the pre-Prop 215 1990s, virtually ignored the discussion at hand and held out for a total ban. 

Article: http://www.sanjose.com/news/2011/04/20/medical_marijuana_city_council_cap

Do not let it go unnoticed that some San Jose council members are not willing to listen to California State law. They are unwilling to vote for medical marijuana in San Jose under any circumstances. Do not let these opinions go unheard, council members such as Kansen Chu and Xavier Campos are an affront to the freedoms that Proposition 215 has given medical marijuana patients in California. Council members Chu and Campos are allowing their personal opinions get in the way of what the voters want. 

City Council Representatives

Contact your local representative to have your voice heard. Let them know that San Jose prop 215 patients are in favor of medical marijuana dispensaries in San Jose.

To contact member of the San José City Council by mail, send to: 200 E. Santa Clara St., San Jose, CA 95113 Mayor Chuck Reed             408-535-4800       Calendar mayoremail@sanjoseca.gov Term Expires: 12/31/14 Chief of Staff: P. Furman's Calendar     Pete Constant District 1             408-535-4901       Calendar District1@sanjoseca.gov Term Expires: 12/31/14 Staff Calendars Pierluigi Oliverio District 6             408-535-4906       Calendar pierluigi.oliverio@sanjoseca.gov Term Expires: 12/31/12 Chief of Staff: D. Fedor's Calendar Ash Kalra District 2             408-535-4902       Calendar District2@sanjoseca.gov Term Expires: 12/31/12 Chief of Staff: J. Okpaku's Calendar Vice Mayor Madison Nguyen District 7             408-535-4907       Calendar District7@sanjoseca.gov Term Expires: 12/31/14 Chief of Staff: L. Moua's Calendar Sam Liccardo District 3             408-535-4903       Calendar District3@sanjoseca.gov Term Expires: 12/31/14 Chief of Staff: R. Henninger's Calendar Rose Herrera District 8             408-535-4908       Calendar rose.herrera@sanjoseca.gov Term Expires: 12/31/12 Chief of Staff: Jennifer Malutta Kansen Chu District 4             408-535-4904       Calendar District4@sanjoseca.gov Term Expires: 12/31/12 Chief of Staff: S. Fong's Calendar Donald Rocha District 9             408-535-4909       Calendar District9@sanjoseca.gov Term Expires: 12/31/14 Staff's Calendar: P. Hamilton's Calendar Xavier Campos District 5             408-535-4905       Calendar District5@sanjoseca.gov Term Expires: 12/31/14 Staff's Calendar: D. Barragan Nancy Pyle District 10             408-535-4910       Calendar District10@sanjoseca.gov Term Expires: 12/31/12 Chief of Staff: K. Sutherland's Calendar source: http://www.sanjoseca.gov/council.asp