Oakland City Council Deadlocks Over MMJ Regulations

canorml.org

OAKLAND, Oct 28th: After lengthy public debate, the Oakland City Council Public Safety Committee failed to reach a consensus on how to regulate the city's medical cannabis facilities. The committee backed off from some of the more radical restrictions that had been proposed - in particular, Councilmember De La Fuente's original proposal of closing all of the facilities except for one - but was divided on a list of restrictions proposed by Councilmember Jean Quan, some of which would have drastically curtailed the facilities' operations. Among them were proposals to limit the number of facilities to between 3 and 5; forbid smoking on premises; bar facilities within 1000 feet of schools; impose a "pharmaceutical" model without "co-mingling uses" (such as cafes), and disallow employees with criminal records. Councilmembers Nancy Nadel and Desley Brooks objected to these restrictions. while Larry Reid supported Quan. With the committee split 2-2, it was agreed to forward the matter for debate by the full Council on Nov. 18th.

The committee agreed on other important issues regarding the facilities. In particular, it was agreed that the SMAAC youth group should be relocated from its present location. SMAAC, which is situated next door to two clubs, instigated the current controversy by complaining about the odor and foot traffic generated by its neighbors. Nancy Nadel remarked that the problems were due to certain "bad actors" and admonished them "to clean up their act." The committee also agreed to regulations requiring insurance, security, audits, and requiring them to use official county or state ID cards.

The committee disagreed on whether to try to limit the number of clubs by permitting (as proposed by Quan) or to leave the number open in favor of a complaint-based system (as favored by Nadel). Quan, who had taken a tour of the facilities, made it clear that she thought some of them were not up to snuff. She complained that some were selling bongs and paraphernalia, and that the smoke was so thick in one that she almost got giddy. Larry Reid asked why Oakland had to have so many clubs, and why they couldn't be spread out more in other cities. For reasons defying rational economic explanation, he complained that the clubs were drawing out-of-town clients (as if this weren't good for Oakland's economy). Brooks complained that the council seemed to be reversing its previous support for the clubs and warned against making a "rush to judgment." She expressed her support for facilities where patients could smoke together and commingle for mutual support and comfort. She proposed establishing a zone for the clubs. There was disagreement over whether zoning or permits were a preferable means of regulation. The committee agreed to consult with the City Attorney over the matter in closed session before taking it to the full council on Nov. 18th.

- D. Gieringer