Santa Cruz Sentinel: Santa Cruz County reconsiders medical pot rules

After legal blow, Santa Cruz County Board of Supervisors could halt medical pot rules

By JASON HOPPIN - Santa Cruz Sentinel

Posted: 11/11/2011 05:44:18 PM PST

SANTA CRUZ — The county Board of Supervisors is expected to impose a moratorium on medical marijuana dispensaries Tuesday, drawing a curtain on newly passed regulations while a statewide debate over regulating dispensaries plays out.

The expected action is in response to a recent state Court of Appeals ruling that city-issued dispensary licenses in Long Beach conflict with federal drug laws. The October decision came as California municipalities were increasingly wading into the legally murky waters of regulating local pot clubs.

The move slams the brakes on any licenses set to be issued by the county, after the board’s May decision to regulate pot clubs’ business practices, location and finances, and in doing so effectively give the clubs an official county seal of approval.

“We’re still trying to honor what the voters of Santa Cruz have told us they want,” Supervisor John Leopold said, explaining the move is needed until the legal uncertainty is resolved, pointing specifically to a part of the ruling suggesting county employees could be breaking federal drug laws if they issue permits.

Thursday, the Long Beach decision was appealed to the state Supreme Court. As part of its deliberations, the county board may decide join that appeal by filing a “friend of the court” brief along with the American Civil Liberties Union.

WHAT IT MEANS

Local pot clubs, which include the Wo/Men’s Alliance for Medical Marijuana, one of the nation’s first and best-known medical marijuana organizations, sought the rules to clarify their legal standing with the county. A moratorium would bar licenses and seem to prevent new shops from opening their doors, but would not affect ongoing operations.

“At this point, we’re not talking about shutting anyone down,” Leopold said.

A moratorium also would seem key due to a separate court ruling this week that cities can ban any dispensaries. Imposing one would keep clubs around the state from shifting their operations here.

Ben Rice, a local attorney who works with medical marijuana businesses, said local operators — four of whom had already submitted license applications — have accepted the direction the county is taking.

“I’ve touched base with all of the dispensaries about that, and they’re all in agreement that that’s something we need to do pending the Supreme Court decision,” Rice said.

POT CLUBS MEET

Local dispensary operators are meeting Sunday to discuss the evolving situation, an apparently unprecedented assembly of local pot clubs sitting down together to discuss collective issues.

The appeals court ruling came as the federal government launched what appears to be a crackdown on state pot clubs, despite earlier assurances from the Obama administration that it would not pursue individual medical marijuana users. Critics of the crackdown point out that many users have no way to grow pot for personal use, and must obtain it from a dispensary or collective.

“Until the threats are brought under control, implementing a new strategy is the only thing we can do,” said Valerie Corral, co-founder of Wo/Men’s Alliance for Medical Marijuana, saying she understood the moratorium.

But a moratorium would also leave currently operating dispensaries in the same legal limbo they have been in since voters approved Proposition 215 in 1995.

County board chairman Mark Stone said the county is not backing off its commitment to a regulatory scheme, instead postponing it while the issue plays out in court.

“I’m hoping people look long-term and they can be partners with us and get the right thing done,” Stone said.