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Mirkarimi Introduces Comprehensive Legislation to Regulate Medical Cannabis Dispensaries
Proposed Measure Would Have Avoided ‘Money Laundering’ Allegations That Led to Federal Raids on Three Dispensaries Last Week

sfgov.org

San Francisco, CA June 28, 2005—Supervisor Ross Mirkarimi today introduced comprehensive legislation to regulate the location and operation of medical cannabis dispensaries in San Francisco, assuring safe access to medicinal marijuana for patients and their caregivers while addressing a variety of concerns voiced in recent months from City neighborhoods and the local law enforcement community. The 60-page legislation would enact permanent controls governing permits and licenses, zoning, and vehicle traffic related to medical cannabis dispensaries; set possession guidelines for patients and caregivers; and end the moratorium on such facilities that took effect April 1.

A key centerpiece of Mirkarimi’s legislation would be requiring medical cannabis dispensaries in San Francisco to operate as collectives or cooperatives, prohibiting excessive profits and establishing procedures to ensure financial accountability while protecting the privacy of patients and their caregivers.

"In an environment where federal authorities are clearly watching for any misstep, our best hope to avoid the kind of crackdowns we saw last week is to bring accountability and transparency to the operation of medical cannabis dispensaries in San Francisco," Mirkarimi said. "The policy objectives of compassionate use and safe access to medical marijuana will never be achieved in a climate of fear and uncertainty—and that’s exactly what years of neglect in developing thoughtful City policies have brought us. Even worse, the failure to enact any kind of regulation has left our neighborhoods without a voice in the decisions for far too long. My legislation represents a significant first in empowering neighborhoods in the process."

The proposed legislation would require medical cannabis dispensaries to obtain a permit from the Department of Public Health for a nonrefundable application fee of $7,396.00 in addition to an annual license fee of $2,182. The Health Department would refer applications to the Police Department for criminal background checks; to the Department of Building Inspections and Fire Department for relevant code compliance and security inspections; and to the Planning Department for Planning Code compliance. Following approval from each department, the Health Department would then hold a public hearing on each permit application.

Mirkarimi’s proposed measure would prohibit medical cannabis dispensaries in residential-house and residential-mixed zoning districts or within 500 feet of any institution for the treatment of addictive diseases. It would additionally prohibit the sale, distribution or on-site consumption of alcohol. Dispensaries that allow smoking on site would be required to locate not less than 1,000 feet from any elementary or secondary school, community clubhouse, neighborhood center, or other community cultural center. Such facilities would also be required to provide adequate ventilation such that doors and windows avoid odor emissions. Dispensaries that prohibit on-site smoking would be required to locate not less than 500 feet from any elementary or secondary school, community clubhouse, neighborhood center, or other community cultural center. The proposed legislation would additionally impose a fine of $100.00 for double-parking in front of licensed medical cannabis dispensaries.

"The legislation I’m introducing today reflects the concerns, hopes and active participation of literally hundreds of citizens, and I’m grateful to all of them—from patients worried about the criminalization of a necessary treatment to neighbors concerned about the proliferation of dispensaries that are unregulated and unaccountable," Mirkarimi said. "After hundreds of hours of hearings and outreach on this issue, I’m convinced that the vast majority of San Franciscans recognize that medical cannabis dispensaries can be simultaneously responsive to the patients they serve and responsible to the community we share. As legislators, we owe it to the citizens we serve to fulfill that objective by finally enacting regulation that is comprehensive, balanced and thoughtful.