Newest articles on The Sacramento Press tagged as "moratorium"

Too many taxis in the city?

2011-08-23T04:01:18Z

How many is too many taxis in Sacramento?

There are more than 500 taxis in Sacramento, according to Dafna Gauthier, business permit manager for the city – a number Gauthier said is out of line for the population of the city.

Earlier this year, when city staff started fielding complaints from taxi drivers, cab company operators and business owners, Gauthier said city staff began looking into the emerging problems.

Cab drivers complained that there were too many taxis and business owners complained that taxis were parking in front of their businesses because there aren’t enough taxi parking spaces.

When staff compared the population of the city to the number of taxis, they found that, since 2004, the number of Sacramento taxis operating within the city increased 66 percent while population only increased 8 percent.

City staff told council members at the Aug. 4 City Council meeting that there was a “general consensus” that there were too many taxis in the city.

The City Council responded with a two-year moratorium on new taxis in Sacramento to give city staff time to analyze the problems and suggest ways to deal with them.

Gauthier is the city staff member who is taking the lead on the new study, which will address problems such as traffic congestion, limited taxi parking, passenger complaints and suffocating competition between companies.

“I want to look at the (city) code,” Gauthier said. “We have a multitude of information we need to research.”

“We need to ask who we compare to, how do we match up, and how can we be better,” Gauthier said.

Similar to other cities of its size, such as Fresno, Long Beach and Oakland, taxi cabs drivers in Sacramento are required to have a permit for operation along with a separate permit for the vehicle.

Although the drop rate – the base rate that a meter is set at when a passenger gets in – in Sacramento is slightly higher than similar-sized cities – $4 in Sacramento compared to $3.40 in Fresno, $3.10 in San Francisco and $2 in Oakland – the per-mile rate is calculated at a rate of one quarter mile, where other cities calculate on one-fifth of a mile, which makes the final bill add up quicker.

The cost of permits is lower in Sacramento than in other cities, as well.

In Sacramento, the cost for permit application for a new driver is $139. In Fresno, the initial fee is $225.

From 2004 to 2006, Sacramento underwent a study by a private firm to assess the local taxi industry and come up with a re-regulation plan to improve service quality.

The study resulted in a number of new regulations from City Hall, including setting a maximum on fares, raising the minimum standards for drivers and vehicles and promoting self-regulation and improved enforcement.

Along with those regulations, the city began requiring cab companies to form fleet associations – co-op taxi groups of at least 25 vehicles.

The intent was that the industry would self-regulate and that would solve many of the problems the city was having.

Abdul Kakar, president of the Sacramento Independent Taxi Owners Association, was a driver in the city for five years before moving his operation to cover the airport.

SITOA has an “on-demand service” contract with Sacramento International Airport that allows only the 85 members of the association to use the designated taxi area at the airport to drop off, pick up and wait for fares – other taxi companies can only drop off or pick up passengers at the airport by reservation.

Before the SITOA was formed, Kakar said taxi service at the airport was overly competitive and problematic.

“When we had no association over here, there were fights between cab drivers and the sheriffs were involved every day,” Kakar said.

Although the taxi area at the airport allows for just 10 cabs to line up, Kakar said there were times when double that number would be trying to crowd in, and often scuffles would flare up between cabbies over fares and position in the queue.

“After the taxi drivers formed their own association,” Kakar said, “there hasn’t been any problems like that.”

But requiring associations didn’t do enough to solve the problems in the city, Gauthier said.

“The goal was to let the industry run itself – let the competition drive themselves,” Gauthier said. “But that didn’t really happen.”

Gauthier, whose department is responsible for the issuing of taxi permits, said taxi service is “one of the cheapest industries” to get into on your own, and that opened the door for a “huge influx of permit applications and a flood of new taxis” as the economy declined over the past few years.

According to staff from Councilwoman Sandy Sheedy’s office, Sheedy suggested the moratorium to halt the growth and figure out how to reduce taxi numbers in the city.

Sacramento is similar to other cities such as Fresno, Long Beach and Oakland in how it permits taxis, but there are significant differences in the way each city regulates services.

Gauthier said in Sacramento there are quarterly meetings between city staff and representatives from the various taxi fleet associations in the city so there can be direct input from people in the industry.

“Fleet managers are the spokespersons for their association,” Gautier said. “They come to the meetings, they report back (to their members) and bring feedback to the next meeting so the association has representation.”

Gauthier said the study will be conducted during the two-year timeframe of the moratorium and should allow for a full examination of the issues.

Although Gauthier said she expects to make frequent progress reports to the City Council, it’s uncertain how often those reports will occur.

“Right now,” Gauthier said, “we are trying to formulate a strategy for accomplishing the study.”

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Council passes two-year taxi permit moratorium

2011-08-06T00:51:22Z

No new taxis will be allowed in Sacramento for the next two years, after the City Council passed a moratorium on new cab permits in a 7-2 vote Thursday.

The moratorium was the first, and less-contentious, of two proposed ordinances related to the 450-500 taxis operating in the city.

The other ordinance, which has yet to come to council, would require taxi companies to have a central dispatching station, which has come under fire from some taxi drivers. To read more, click here.

Dafna Gauthier, business permit manager for the city, told the council that staff recommended the two-year moratorium to give them time to study the taxi market, and that there is a “general consensus” that there are too many taxis downtown.

Another aspect of the industry that will be studied during the moratorium, she said, is the feasibility of bringing in tougher emission standards.

Councilman Jay Schenirer was the major voice of opposition to the ordinance on the council, saying he doesn’t want to over-regulate the market.

“I’m not sure what it means when staff says ‘there’s a general consensus’ that we have too many cabs and how we quantify that,” he said, adding that he doesn’t think a moratorium is the right way to go.

Councilwoman Sandy Sheedy proposed the ordinance last October and said she stands by it.

“We need a moratorium, because as soon as we say the word moratorium, everybody runs out and applies for a permit,” she said, adding that the number of taxis has increased by about 50 percent since 2004.

“We need to slow it down,” she said.

Councilmen Steve Cohn and Kevin McCarty also spoke in favor of the ordinance, saying more regulation on the taxi industry within Sacramento is needed to provide a higher quality of service.

Mayor Kevin Johnson joined Schenirer in voting against the ordinance, though he didn’t comment on it.

About a dozen taxi drivers and company owners spoke during the public comment portion of the meeting, both supporting and opposing the ordinance.

Those who supported the ordinance said it is needed to preserve the economic viability of the industry, adding that there are too many cabs, and drivers sometimes wait for hours for a fare.

Drivers opposed to the ordinance said the City Council should not limit the number of taxis, and one man said he and his family would be on welfare if it wasn’t for his job driving a taxi, arguing that the moratorium will keep some people from working.

Brandon Darnell is a staff reporter for The Sacramento Press. Follow him on Twitter @Brandon_Darnell.

When pot and paper don't mix

2009-08-05T17:08:22Z

Cloned cannabis plants at Canna Care

Munching on a herbal brownie at El Camino Wellness Center, AAMC state director Ryan Landers explained how tricky and self-conflicting medicinal cannabis laws are.

"In Sacramento County, publicly smoking medicinal cannabis is considered ten 10 times worse than just smoking weed," he said.

Landers has been a medicinal cannabis activist for over 15 years and has worked extensively in drafting legislation and law enforcement plans for the new dimension of legal medicine. He works with patients and patients' rights groups, lobbies and national advocacy groups. If weed was legal expertise, he'd be "the guy on the corner."

Regarding the legal gap between smoking weed or medicinal cannabis, he says, "If they get caught, I tell my patients to just say they were doing it for the hell of it."

Medicinal cannabis laws are confoundingly thorny, unlike the plant in question. A long list of can-do and can't-do legislation adds up to conflict between levels of government and continuing confusion over raids, trials and incarcerations nationwide. It takes real education to sort these loopholes out, so what follows is a primer on the different and often conflicting ways that federal, state, county and city laws regard medicinal cannabis.

Sacramento city's legal haze

Sacramento city government doesn't really have anything to say on the case of medicinal cannabis. The 45-day moratorium is the first time that the existence of cannabis dispensaries has ever been addressed by the city, and progress toward developing zoning code, tax plans and other regulations is going to take a while. At present, the city refers to a copy of the county's policy on medicinal cannabis.

Other California cities have adopted new ordinances pertaining to dispensaries. In Berkeley, dispensaries can't open in certain zoning areas or within 300 feet of a school. In Santa Barbara, dispensaries must apply for a city permit to operate, then pay a continuous fee to stay legit. In Davis, city government banned dispensaries entirely. Last month, Oakland became the first city in the country to introduce a specific tax on medicinal cannabis, levying an $18 tax for every $1,000 of gross sales.

Sacramento County's duplicative statutes

Sacramento County has a few provisions for medicinal cannabis but leaves most of the lawmaking to the state. The Board of Supervisors decided to comply with California's medicinal cannabis plan in December 2008 and instituted a program to provide THC patients with the state's Medical Marijuana ID card.

County code contains one ordinance in addition to state law: an increase in penalty for publicly smoking medicinal cannabis. This was a provision included with the adoption of state law. Smoking cannabis for non-medical purposes ( ie. "getting high") only nets you a possession charge and a $100 fine, but medicinal cannabis is punished much more harshly. If you're smoking your legal medicinal joint strolling through the city, you can get busted for a $1,000 fine and risk six months in jail. This is the discrepancy Landers highlighted earlier.

Literature display at Northstar Healing Collective

California state law: wellspring of legality

State law is the source for all real medicinal cannabis provisions in California. As addressed in previous articles in The Sacramento Press, legalization was brought about by two separate laws: Proposition 215 and State Bill 420.

Prop 215 was added to voter ballots in the 1996 general election and was passed by a 55.6 percent majority. The ballot measure added language to the California Health and Safety Code under the title of the Compassionate Use Act. Language states that criminal law no longer applies to "seriously ill Californians" and their "primary caregivers" for the possession and cultivation of cannabis for medicinal purposes, and that no physician would be subject to punishment for its recommendation.

The CUA also lists ailments that are considered treatable with cannabis such as "cancer, anorexia, AIDS, [and] chronic pain," but the list is by no means binding or complete. It is key to note that medicinal cannabis is not a prescription for a specific illness, but it is a recommendation that can be applied to individuals on a case-by-case basis and does not require a specific condition to even be mentioned, according to Americans for Safe Access.

State Bill 420 is a separate law that did not amend Prop 215. Altering 215 was deemed to be unconstitutional, as doing so would override the intentions of voters. Instead, 420 recognized medicinal cannabis in the state legislature and introduced new provisions for dispensaries and patient ID cards. This was intended to better allow the enforcement of patient protections and allow all qualified patients to have the cannabis option open.

In the language of the bill, patients and caregivers who "collectively or cooperatively" cultivate cannabis for medical purposes cannot be punished on those grounds alone. This also allows dispensaries to exist, but only as not-for-profit enterprises. This is distinct from non-profit in an important way: Non-profit is a federal listing. Dispensaries, of course, aren't interested in asking the Feds for permission.

Medicinal cannabis dispensaries are almost exclusively a California phenomenon. Several other states have a handful of cooperatives, but the vast majority are here in the golden state. This means that federal policy toward dispensaries and federal court cases deal entirely with California.

Under 420, qualified patients can also apply for a medicinal cannabis ID card under the Medical Marijuana Plan. (On the law books, the unscientific term "marijuana" is always used.) By presenting documentation and paying a fee for the Department of Health Services program, patients can receive an ID card that confirms their eligibility for one year. This program is primarily for convenience, but it has its remaining issues.

"Often times, just an ID card isn't enough," Landers said. "Police are the only ones to usually check ID. I carry my card, my application and my doctor's recommendation to stay safe. I don't even reduce them; I leave them as full-size papers."

SB 420 was passed by state legislature in 2003, but had a long history before it hit the law books. It was originally introduced in 2001 as SB 187 and passed both the Assembly and the Senate, but was placed in the suspense file — basically bill purgatory — and not sent to the governor. While in progress, the bill underwent significant rewriting until its language was identical to the later SB 420. The bill's authors and advocates decided to wait until the time was right for the governor to sign it (and the hemp-culture favorite number "420" was available.) Then-governor Gray Davis was lukewarm on the issue in 2001, but after his recall and replacement with Schwarzenegger he was more amenable to the idea. The 420 legislation was one of the last bills Davis signed on his way out the door.

Federal agents raid a San Francisco dispensary.

Federal law: The war on a plant

United States federal government lists cannabis as a Schedule 1 substance under the Controlled Substances Act. This means that cannabis is illegal and given the highest priority for control by the Drug Enforcement Agency under the Department of Justice. The CSA was drafted by the Nixon administration and passed by Congress in 1970 as part of an expansive drug enforcement package, the Comprehensive Drug Abuse Prevention and Control Act.

Since 1970, federal lawmakers have held that cannabis fits three criteria for control: that it has "a high potential for abuse," has "no currently accepted medical use in treatment" and "a lack of accepted safety for use [...] under medical supervision." These three points are extremely controversial, as a quarter of the states in the union have opened the door to medical usage and reform advocates can draw on a growing body of scientific evidence against potential for abuse and in favor of potential for medical benefits.

Almost all cannabis arrests are made at the state or local level, but the federal ban is by no means purely symbolic. The War on Drugs still makes battlefields out of legitimate businesses, as federal agents raid medicinal cannabis dispensaries and supersede state law. According to a report by the Marijuana Policy Project, over 190 dispensaries in California have been raided since 1996. Raids can consist of seizure of property and medicine, often the physical destruction of security equipment and computers, and some have resulted in incarcerations of medicinal cannabis patients, according to the MPP. Not all raided patients end up getting tried.

"A lot of patients aren't ever put on trial," Landers said. "They're held without Fifth Amendment rights and can't be charged with a crime."

When patients find themselves on trial in federal courts, they have few resources at their disposal. In the 1998 case U.S. v. Oakland Cannabis Buyers’ Cooperative, the Supreme Court ruled unanimously that state legality was not a workable defense, overruling a previous federal court decision. A 2005 Ninth Circuit case,U.S.Gonzales v. Raich, ruled against another legal defense: "medical necessity" could no longer stand up in court. These decisions greatly constrict the defense options that patients have; state law and medical recommendations don't protect them from conviction.

"You can't make the case for the medicinal benefits of marijuana in court, but federal prosecutors can talk smack about medicinal cannabis all they want," Landers said. "They can use the same arsenal that you're denied."

Federal courts did agree to one protection regarding medicinal cannabis: the rights of doctors to recommend it. In the 2000 district court decision of Conant v. McCaffrey, doctors became protected from federal punishment for discussing or recommending THC to their patients. This was regarded as a First Amendment right and thus ensured.

"Doctors that prescribe medical cannabis are true patriots," said Brian Davies, co-owner of the local Canna Care dispensary. "They study hard for eight years and then risk their careers and reputations to prescribe people the medicine they need."

Different presidential administrations have different approaches to enforcement when it comes to medicinal cannabis. Under Clinton, civil measures were preferred over raids, and cases were generally sorted out in court. In the Bush years, the War on Drugs was in full swagger and raids became more commonplace. Now, under the Obama administration, the medicinal cannabis policies of the DEA remain in flux.

Obama promised before and after his election that federal raids of state-legal dispensaries and patients would stop, but the DEA's trademark door-busting has yet to cease.

"I'm not going to be using Justice Department resources to try to circumvent state laws on this issue," he told the Oregon Mail Tribune in March, and continued that the "basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that's entirely appropriate."

Yet, at least six dispensaries in California have been raided since Obama took office.

A DEA spokesperson clarified this seeming contradiction: "Obama didn't say that DEA raids would stop . He said that those abiding by state law would be given the lowest enforcement priority." He also alleged that medicinal cannabis activists have unrealistic expectations. "It doesn't mean 'no more DEA raids forever,' that's just what the legalizers want to hear."

The DEA source said that they "don't get to choose the laws they enforce," but acknowledged that "there is a selection process as to which dispensaries get raided." According to the source, the choice is based on complaints or reports of "harm to the community."

Only the most careless dispensaries get raided, according to Landers, so for the most part clubs are only partly worried about federal agents breaking up the show.

"It's always a concern, but we're a legitimate business and we're staying open," said Clyde Baker, owner of Hugs Alternative Care.

The jumble of legal cannabis statutes, and lack thereof, resembles an M.C. Escher sketch. Numerous perspectives all seem to be true at once, but in the end, it's just lines on paper.

Photos by Cheya Cary / Frederic Larsen of Corbis

Editor's Note: The Sacramento Press editorial staff edited this article after it was published due to a formatting error.

Know your ganja: A tour of local cannabis clubs

2009-07-30T03:51:29Z

Approaching an unassuming commercial building in a quiet part of town, you might think to double-check the address -- is this really a cannabis dispensary? It's just another discreet storefront surrounded by small-scale businesses. Where are the glaring neon lights, the billows of heavy smoke, the muggers, the hustlers, the junkies, the wild pot-smoking depravity in the streets?

And then you realize: it's just another pharmacy, man.

To Californians without the cannabis card, the idea of a cannabis dispensary is a funny sort of abstraction - a fantastical "pot store" that D.A.R.E. education and anti-drug advertising never anticipated. Medicinal cannabis dispensaries can be found in 13 states across the country, where it has been legalized by ballot initiative or the signing of a bill (AK, CA, CO, HI, ME, MI, MT, NV, NM, OR, RI, VT, and WA).

California made the first jump into medicinal legalization in 1996 thanks to a 55% majority vote for Prop. 215. After hard-fought negotiation and years of delay, the California Legislature further defined the legality with State Bill 420 in 2003, which added greater specificity to the measure and offered a second layer of state protection to cannabis patients.

In Sacramento, medicinal cannabis establishments are fairly commonplace, and have been tolerated by law enforcement since they first started popping up in 2005. After finally catching the scent, Sacramento city government has acknowledged them and has imposed a 45-day moratorium on dispensary development to research how many there are and what can be done to regulate them.

Under present city law, cannabis clubs can open just like any other business and require no extra paperwork for the sale of THC medicines. By state law, the dispensaries all must operate as not-for-profit collectives or cooperatives as a 501 (c)(3). In accordance with this, patients can pool their resources to open a shop -- that's how they all start -- and must reinvest all their earnings into salaries, rent, insurance, product quality, and other expenses to have a bottom line of zero.

Nearing the club, you notice that the building's windows are tinted or barred, and the shop's logo is printed in simple typeface, with no image of the iconic seven-fingered hemp leaf. Clubs always have an eye toward safety due to the sensitive nature of their business. Frequently, store owners post cameras to watch over the area outside and hire a friendly but firm security guard to help out.

To get in, you'll have to ring a doorbell or press a buzzer, and the staff will attend to you within 10 seconds. Some dispensaries have an unlocked front door and a buzzer inside, but others have their patients wait briefly out on the street.

"Safety is our number one concern," said Lanette Davies, co-owner of Canna Care, a dispensary in North Sacramento on Harris Street. "We don't want people to feel scared or feel shady coming to get their medicine. These people are already sick, so we want them to be as comfortable as possible."

Various waiting areas and numerous sofas

'Comfort' is certainly the first word that occurs to you once you get inside a dispensary. The place immediately strikes you as far more cozy than a doctor's office, with plush leather sofas, walls covered in psychedelic posters, magazines to flip through, informational pamphlets to take home, and a big-screen TV tuned to the news, the Discovery Channel or The Boondocks.

"Everything here is designed to be clinical," said American Alliance for Medical Cannabis state director Ryan Landers at the El Camino Wellness Center. "The check-in window, the music, even down to the bright clean floor -- it's what patients want to see." El Camino, off of I-80 in North Sacramento, is the only club this reporter visited that had a landscaped pagoda garden out front and floor-to-ceiling clear glass windows.

Exotic exterior of El Camino Wellness center

Waiting areas range in professionalism -- some look like upscale hotel lobbies, but most look like the living room of a very, shall we say, "green" family.

"Everyone who works here is family," said Clyde Baker, owner of Hugs Alternative Care near the UC Davis Medical Center. He means that biologically and spiritually. As is the case with many cannabis dispensaries, most of his employees are relatives or longtime friends.

"We have a great understanding and trust between us," he said. "If they say they want to take some medicine home with them, I know they'll be good for it."

A cordial receptionist will check your doctor's recommendation or your medicinal cannabis ID card before you enter the patients-only showroom, where the shop's medicine is on display.

Displays of edibles, smokables and growables

Huge glass cases contain a wide variety of cannabis, cannabis products and other non-cannabis herbal remedies. Any dispensary will have a selection of old-fashioned smokable buds, usually between five and 15 different strains ranging in price and potency. Common names to find are OG Kush, Sour Diesel, Northern Lights, Orange Crush or Purple Haze -- different balances of the two species cannabis sativa and cannabis indica that have different flavors, THC content, and are recommended for different purposes.

"I prefer a good sativa myself," Baker said, "it's much more of a picky-upper that can help you focus and still treats my chronic back pain. A good heavy indica can help you relax and get to sleep."

Any serious cannabis dispensary will also have a wide selection of edibles, baked goods that have THC oil cooked right in. Edibles can appear in the form of cookies, brownies, carrot cakes, cherry cobblers, ice creams or marshmallow rice squares, which all come in different prices and dosages. These edibles are a smoke-free medicine for patients with sensitive lungs, a sweet tooth, or both.

Most cannabis dispensaries will also have a rotating inventory of other cannabis products. This includes things like bottles of THC oil, tins of topical THC balms, eyedroppers of THC tincture (a bud soaked in alcohol), and small cannabis plants ready to take home and grow. These plants are all rooted cuttings of successful female plants that are guaranteed to bear ounces of medicine with proper care and a little luck.

Medical research on cannabis has documented its effectiveness with relieving symptoms of a long list of diseases. Cancer patients on chemotherapy, AIDS sufferers with chronic nausea, people living with multiple sclerosis, glaucoma, rheumatoid arthritis or fibromyalgia all come to cannabis dispensaries seeking mental and physical peace and tranquility.

Other herbs share the stage with cannabis at some dispensaries. Occasionally, you can find bags of St. John's Wort, Star Anise and Slippery Elm Bark, selections of teas and soaps and other personal care products available along with THC medicine. These plant remedies are standard fare at a health food store, so next to NorCal Super Skunk, they can seem just a little underwhelming.

Pricing charts at two dispensaries

Employees will happily show you through their collection and describe the expected effects and experiences each product has to offer. Anything you're interested in they'll pick out and let you look over, even offering lenses or microscopes to see the crystal quality of cannabis buds. Once you make a selection, they'll bag it up and take you to the register. The cost can be $5-10 above "street" prices, but you're paying for much more than just the bud: hospitality, management, compensation for time and materials, security, and, yes, California sales tax.

On your way out, they'll watch over you until you get to your car or hop on the bus. Most cannabis dispensaries are located near public transit lines to better serve patients with limited mobility. Watching patients leave through security cameras is both for their safety and the club's. Patients are generally forbidden to "medicate" on the premises, and illegally exchanging meds with non-patients is equally discouraged. Crime such as robbery of an exiting patient or of the entire club, is rare, according to Sacramento Police Department Spokesman, Sgt. Norm Leong.

"We want to maintain an open relationship with law enforcement," Landers said. "Crimes are infrequent, so when they do happen, we want to be able to report them."

Clubs that have been around for more than a few months get usual inspections from the Sacramento police. Inspections focus on structural matters such as main entrances, windows and back doors, to ensure security. Hugs Alternative Care has been robbed twice, but has since stepped up security. The crimes were reported to the police.

"I really can't say enough about the Sacramento Police Department," Baker said. "They dealt with us with the utmost respect and concern for our well-being."

Safety was reported by all to be the first concern. While at the club you might run into full families, with kids hanging around patiently in the waiting rooms, watching Spongebob for a few minutes while their parents get their medical treatments.

Almost half of the cannabis dispensaries in Sacramento opened in the last six months, according to club owners. Many new dispensaries were created in response to the new Obama administration's drug policy of no federal raids. Despite the recent influx, no new clubs can be opened during the 45-day moratorium, which the Sacramento City Council can extend for up to two years. All club owners and managers agreed, though, that cannabis dispensaries should be as normal as Rite-Aid.

A model transaction at Northstar Healing Collective

"Medical cannabis is here to stay," Baker said, "and it should be."

It's quick, it's easy and it's starting to get more accessible. If you show up at 4 p.m., you can be in and out before 20 after.

Photos by Cheya Cary

Medicinal cannabis clubs face scrutiny

2009-07-15T05:28:39Z

Although the medicinal use of cannabis has been legal in California since 1996, in Sacramento there's a growing concern over the uncertainty that surrounds local cannabis clubs — nonprofit clinics that sell cannabis in various forms to qualifying patients.

On Tuesday night, the Sacramento City Council voted unanimously to adopt a 45-day moratorium on the development of medical cannabis dispensaries in the city. No new dispensaries can be created and existing dispensaries will be unable to physically expand their operation, though they can still take on new clients.

The moratorium is intended to investigate the current status and number of medical cannabis clubs in the city to better inform future regulations, because even city officials acknowledge that they don't know.

Estimates vary on how many clubs operate within the city. Assistant City Manager Gus Vina estimated between 20 and 24, whereas at least 34 can be found online at sites such as Sacramento Cannabis Clubs.

These dispensaries bear various titles that may cause confusion over their actual services and legal standing. Some are wellness collectives, others are healing centers, some offer holistic or alternative medicines and others are labeled as delivery companies. Labeling in this way, many clubs avoid registering themselves as cannabis dispensaries with the city government and exist completely under the legal radar. The city council is uncertain as to how many exist within city limits and how many of those are working within legal statutes.

"That's one of the biggest problems," said Sacramento Special Projects Manager Michelle Heppner. "It's hard to say whether the city should regulate, prohibit or leave the dispensaries alone if we may have a zillion of them out there."

The city council heard testimony from a long list of interested parties before the vote, including medicinal cannabis activists, dispensary owners and patients benefiting from prescriptions. Among the speakers was Rich Guitron, CEO and general manager of R&R Coffee Wellness Collective, who vocally defended medicinal usage of THC.

"It's not just pot anymore," Guitron said. "There are thousands of strains that treat different ailments. It's a cutting-edge industry." He also highlighted discrepancies between drug legality and safety. "Over-the-counter medications kill 20,000 people a year and medical marijuana has never done that."

Currently, medical cannabis dispensaries are in legal limbo, caught between state and federal law.

Medical cannabis has been legal in California since 1996's Compassionate Use Act and further defined by the 2003 Medical Marijuana Act (a.k.a. Senate Bill 420), which allows for non-profit provision of THC herbal medicines. Sufferers of THC-treatable ailments, ranging from AIDS and cancer to depression and anxiety, are protected from arrest for the possession and cultivation of cannabis so long as they possess a doctor's recommendation or a medicinal cannabis ID card.

Yet, federal law still lists cannabis as a Schedule 1 controlled substance. This means that although dispensaries are protected in state law, federal drug enforcers could raid stores, seize assets and prosecute distributors at any time.

In fulfilling an Obama campaign promise, Attorney General Eric Holder said that the Justice Department has ceased federal raids on state-legalized dispensaries. However, Drug Enforcement Administration agents, although overseen by the DoJ, have raided and dismantled at least six California cannabis clinics this year, according to media reports.

Cannabis dispensaries are also illegal according to Sacramento city code, which complicates proceedings. During the moratorium, all cannabis dispensaries are asked to register themselves with city government. Once the dispensaries are registered, city government will not pursue enforcement and will allow them to continue operation, provided they remain within legal limitations on permits, sale volumes and clientele.

West Sacramento passed a similar moratorium on July 8 and other city governments have made similar moves to reexamine the weed community that has sprung up under their feet.

Local artist Rena Davonne provided the last piece of testimony, running to the City Hall after seeing the discussion on TV. "Marijuana saved my sister's life," she said, and detailed how her sister recovered from life-threatening illness with the help of THC. Cannabis didn't work for Rena's chronic pains, but seeing the relief the plant brought her sister made a believer out of her. "I would like to see medicinal marijuana expand, or grow, if you will."

Photos by Cheya Cary / courtesy James Leynse of Corbis