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Description
San Bruno City Council Meeting July 26, 2011
10b. Operation of Medical Marijuana Collectives
A
B
Mayor
members
of
the
council,
the
issue
tonight
I
believe
this
is
on.
Yes,
is
what
action
to
take
if
any,
about
the
city's
moratorium
on
medical
marijuana
establishments
and,
as
you
know,
from
the
staff
report
or
current
moratorium,
expires
on
the
twenty-fifth
of
September
of
this
year.
So
we're
looking
for
direction
at
tonight's
meeting,
so
we
can
bring
forward
to
you
any
new
ordinance
for
introduction
at
the
August
ninth
meeting
with
an
adoption
scheduled
for
September
13th.
Since,
as
you
know,
you
don't
have
a
second
meeting
in
August.
B
This
is
a
complex
and
still
changing
field.
However,
the
vast
majority
of
cities
and
counties
that
have
considered
this
have
either
adopted
a
moratorium
or,
on
the
other
hand,
enacted
a
permanent
ban
on
such
establishments.
It
is
important
to
realize
that
a
ban
on
establishments,
including,
however
defined
collectives
cooperatives
dispensaries,
does
not
affect
the
right
of
a
qualified
individual
that
somebody
with
a
medical
condition
to
cultivate
and
use
the
allowed
amount
of
marijuana
for
medical
purposes,
and
so
that's
defined
in
state
law.
B
It
also
appears
unlikely
that
the
federal
government
would
enforce
its
laws
because,
of
course,
marijuana
is
still
illegal
under
federal
law.
It's
unlikely
they
would
enforce
their
laws
against
patients
who
use
the
specified
amounts
of
marijuana
for
medical
purposes.
It
seems
much
more
likely
that
the
federal
government
would
target
dispensaries
or
other
establishments
that
are
either
selling
or
distributing
marijuana
either
for
medical,
but
also
for
perhaps
non-medical
purposes.
B
Chief
Telford
has
provided
us
with
an
update
to
his
oktober
2009
memo.
A
match
update
outline
some
of
the
secondary
effects
of
allowing
medical
marijuana
establishments.
So
what's
a
secondary
effect.
Well,
he's
documented
that
criminal
activity
has
occurred
at
medical
marijuana
establishments
in
San
Mateo
and
in
at
least
four
instances
that
same
kind
of
criminal
activity
was
occurring
in
san
bruno
at
residential
locations
where
marijuana
was
being
cultivated,
there's
also
similar
evidence
from
communities
around
the
state.
What
does
this
mean?
B
Well,
we
think
it
means
that
allowing
any
type
of
establishment
that
distributes
marijuana
for
medical
purposes
or
otherwise
does
create
a
real
and
serious
risk
of
nearby
criminal
activity
and
the
Chiefs
available
to
answer
any
questions
about
that.
If
you,
if
you
have
any
so
in
the
staff
report,
I've
outlined
for
options
for
you,
let
me
just
briefly
go
through
them.
The
first
option
is
to
adopt
an
ordinance
prohibiting
any
establishments.
B
B
The
second
option
is
to
regulate,
allow
and
regulate
establishment
such
as
San
Francisco
does
such
as
San
Mateo
does
San
Mateo,
County
and
a
few
other
cities,
so
the
police,
department
and
community
services
department
would
would
become
involved
in
both
permitting
and
enforcement
of
that
ordinance.
A
third
option
is
to
consider
adopting
a
new
moratorium,
because
this
one
expires
in
September
as
I've
indicated,
but
under
state
law.
That
actually
requires
some
new
facts
and
circumstances
different
from
the
ones
that
supported
the
first
moratorium.
B
The
final
option
is
to
just
let
the
moratorium
expire.
Well,
what
would
that
mean?
Well
right
now,
medical
marijuana
establishments
are
currently
not
permitted
in
any
zoning
district
and
there's
case
law.
That
says,
if
they're
not
specifically
permitted,
they
are
prohibited.
So
therefore,
regardless
of
the
moratorium
in
San
Bruno
right
now,
if
the
moratorium
were
to
expire
tomorrow,
the
city
could
take
the
position
that
medical
marijuana
establishments
are
prohibited.
B
The
city
could
be
sued
for
adopting
a
band
they
could
be
sued
for
regulating
to
strictly,
they
can
be
sued
for
not
regulating
strictly
enough
or
for
denying
somebody
a
permit
on
an
individual
basis,
but
the
policy
decision
really
for
you
tonight
is
whether
the
documented
secondary
effects
that
have
been
identified
in
the
report
outweigh
a
desire
to
permit
medical
marijuana
establishments
that
cultivate
and
distribute
marijuana
on
a
larger
than
individual
scale.
So
that's
the
issue
for
you
tonight
I'd
be
happy
to
answer
any
questions.
As
I
indicated,
the
chief
is
as
well
any.
D
Through
the
chairman
there
I,
when
we
last
set
this
this
moratorium
in
place,
I.
Remember
you
mr.
mayor
stay
in
it.
What
your
opinion
is
of
this
and
I
think
it's
time
that
we
we
make
a
statement.
I
leave
it
to
the
council
as
far
as
what
direction
would
go,
whether
we
extend
a
more
time
but
I'd
like
to
put
it
on
record
that
I'm
in
favor
an
all-out
ban
on
these
type
of
establishments.
D
I've
heard
enough
about
the
secondary
issues,
and
one
thing
I
haven't
heard
is
I
haven't
heard
anything
from
patients,
so
the
the
proposal
had
coming
into
San
Bruno
with
this
type
of
establishment
he's
given
me
the
impression
that
it's
purely
for
profit
and
it's
just
too
much
of
a
risk,
and
we've
got
more
important
things
in
this
town
to
deal
with
so
I'd
like
to
make
that
statement
and
be
in
favor
with
with
my
colleagues
as
to
how
we
make
take
care
of
that
in
the
near
future.
Through.
C
One
it's
for
one
particular
person
is
for
insomnia,
the
other
it's
for
pain
from
an
auto
accident,
which
indicates
to
me
that,
obviously,
the
regulation
of
these
medical
ID
cards,
or
something
that
I
still
think
I
have
a
concern
with
where
this
has
come
now
for
the
third
time
to
the
council,
I
would
agree
that
to
continue
the
moratorium.
I,
don't
know
that
we
have
enough
information.
That
alters
the
facts
from
the
existing
findings
from
the
chief
that
that
is
a
obviously,
if
that's
what
the
Council
wishes
to
do,
the
majority.
C
The
other
thing,
too,
is
it's
going
to
take
more
time
at
the
Community
Development
apartment,
as
was
indicated
as
well
as
our
Police
Department,
and
at
a
time
when
we
have
issues
we
need
to
deal
with
on
the
streets
when
we've
have
less
officers
and
personnel.
At
that
end,
I
think
we
need
to
focus
on
what's
important
to
this
community
and
so
for
those
reasons
and
the
information
I've
been
reading
over
this
last
week
and
other
communities
and
what
this
is
currently
I
think
a
band
would
also
take
care
of
this
issue.