No decision on stricter medical marijuana zoning changes

After hearing the arguments of 18 impassioned medical marijuana advocates and a few foes, a decision on whether to toughen the zoning restrictions on medical marijuana dispensaries was pushed back Tuesday night by the City Council.

The council was poised to pass an ordinance amendment which would have increased the distance dispensaries are required to be from schools from 600 to 1,000 feet, but the item was pushed back three weeks after some council members spoke against the proposal and directed staff to do further research.

"My concern is we’ve created an outright ban," said District 3 Councilman Steve Cohn. "What we’re talking about here is medical marijuana, not recreational marijuana."

Bishop Ron Allen of the International Faith-Based Coalition said medical marijuana is too easy to obtain and that the zoning law should be more strict. “You can purchase this so-called medical marijuana card with a bad hair day, or hangnail,” he said. “We certainly agree with 1,000 feet – isn’t that amazing – even though it isn’t good enough, it isn’t far enough.”

District 2 Councilman Allen Warren said while he’s in general agreement with the 1,000 foot requirement, certain districts would be disproportionately impacted. He wanted council to reconsider the item in a week, not three.

"I think I forgot this was government," he said.

District 5 Councilman Jay Schenirer asked that the words "operating school" be added to the amendment’s language, in light of the Sacramento City Unified School District’s plans to shutter 11 schools.

District 6 Councilman Kevin McCarty said that many patients have limited means of transportation, and that if dispensaries are pushed out of the central city and into industrial areas, their access to medicine will be diminished.

He also argued that if an industrial area contains even one residence, that area would be considered "residential" and a dispensary couldn’t set up shop. "I don’t know if everything fits into this perfect circle," McCarty said. "There’s no perfect solution here today."

This issue came up in April 2012 by District 7 Councilman Darrell Fong. On Tuesday, he again took a staunch stance on the issue, saying that federal law is clear, and that the city isn’t looking to make money off dispensaries. He said that the federal government is targeting dispensaries located within 1,000 feet of schools and parks, and that the council recently adopted an ordinance requiring tobacco stores within the same distance of a school to obtain a special zoning permit.

There are 34 dispensaries operating in the city, according to City Principal Planner Joy Patterson. Many shops that are within the 1,000 feet have applied for a special permit that would exempt them from the requirement, or essentially grandfather them into the space.

District 8 Councilwoman Bonnie Pannell, who supports the amendment, said that anybody in California can get a medical marijuana card, and added that if the dispensaries already in place don’t move, then they’re safe.

Marbell Wilso, also of the International Faith-Based Coalition, said he was baffled by what he heard from speakers. “My conclusion is that 1,000 feet, yes, 2,000 feet, better, 3,000, maybe even better,” he said. “As a matter of fact, why don’t we build a school on every corner so that there wouldn’t be a likelihood that they’re built at all?”

Patient rights advocates, speaking before the council’s discussion, voiced their concerns for access to medicine and urged the council to stick with the state law of 600 feet.

Lanette Davies, who owns the Canna Care dispensary in Sacramento, reiterated the state law of 600 feet has been adopted by the council, and that it should put the amendment to the ordinance on hold. She then held up a small brown bag and said "this is what walks out of a dispensary."

Kevai Floyd, a cannabis caregiver in El Dorado County, said she’s already seeing an influx of patients there, and that if dispensaries shut down, the criminal element will only go up.

Patients rights advocate Ron Mullins said it’s folly to believe that the federal government will give Sacramento its blessing just if it simply changes its zoning code. "Whatever you guys do it doesn’t matter," he said, adding that the feds are still going to go after medical marijuana.

"Patients are already starting to go into the black market, please do not vote this in," said Richard Miller.

District 4 Councilman Steve Hansen was absent from Tuesday’s meeting, as was Mayor Kevin Johnson for the second week in a row.