Saturday, December 3, 2011

Marijuana collective ballot measure to include taxation

Marijuana collective ballot measure to include taxation

Effort to allow regulated medical dispensaries comes during crackdown

Location of the former Green Door medical marijuana dispensary on Adams Avenue.
Location of the former Green Door medical marijuana dispensary on Adams Avenue.
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Regulating medical marijuana

A proposed city of San Diego ballot initiative would:
• Create operating zones and prohibit collectives from locating near residences or 600 feet from schools and playgrounds.
• Establish a registration system.
• Impose public safety requirements such as security guards, lighting and alarm systems.
• Regulate the appearance of collectives inside and out.
• Require background checks and age restrictions for dispensary personnel.
• Require fees on collectives for cost recovery to the city.
• Impose a supplemental sales tax on collectives for local use only.
An association of medical marijuana collectives will unveil a proposed ballot measure this week for the city of San Diego that would create operating zones and standards, establish a registration system, impose a cost-recovery fee and levy a tax on storefront dispensaries.
Citizens for Patient Rights, in connection with the Patient Care Association, plans to announce the effort amid a coordinated campaign to shutdown medical marijuana dispensaries across California.
Scores of local collectives have shuttered in the eight weeks since U.S. Attorney Laura Duffy warned that marijuana sales and distribution were illegal under federal law and that landlords risk criminal prosecution and potential loss of their property if the outlets did not close. City Attorney Jan Goldsmith has methodically sued collectives in civil court for allegedly violating local zoning laws.
Representatives with the nonprofit association and its political action committee admit there’s little they could do to slow down the federal crackdown. But they said passing city regulations were a crucial component of their mission to provide safe access to medicinal cannabis while respecting community desires such as ensuring public safety, preventing diversion of the drug for recreational use and keeping collectives away from where children congregate.
“We believe there needs to be an ordinance in which case collectives can operate legitimately and service the patients that we need to service,” said Greg Shultz, a director with the Patient Care Association. “We need rules that are responsible and respectable and, after months of outreach, that’s what we’ve come up with.”
Critics of enacting local regulations contend they have been exploited elsewhere by a pervasive and profit-driven industry. They also maintain that marijuana ends up in the hands of children and that its distribution spurs neighborhood crime.
“The best education voters could have about whether to allow pot shops has been the last two years,” said Scott Chipman, chairman of San Diegans for Safe Neighborhoods. “What has to be done to protect neighborhoods and teens, the proponents of these businesses are not likely to allow.
“Regardless of whether there is a city ordinance for pot shops, we will expect and encourage the federal agencies to continue their enforcement.”
The ballot measure, drafted in consultation with neighborhood councils, community planning groups and other stakeholders, would require dispensaries to operate away from residences and at least 600 feet from sensitive areas where children gather such as schools and playgrounds. It would spell out requirements for security at dispensaries, rules for their appearance and mandate that personnel submit to background checks.
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