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Description
San Bruno City Council Meeting 10-13-09 8. Marijuana Collectives
B
B
That
statute
was
further
amended
by
the
medical
marijuana
program,
which
created
a
voluntary
program
for
issuance
of
identification
cards
to
qualified
patients
and
their
primary
givers
in
order
to
effectuate
the
purposes
of
the
1996
act
together.
These
two
statutes
allow
and
authorize
qualified
patients
and
their
caregivers
to
pool
their
resources
to
meet
the
collective
needs
of
the
group.
So
we
refer
to
these
as
collectives
it
also
through
case
law,
creates
a
limited
defense
under
state
law
to
the
possession
user
distribution
distribution
of
marijuana,
that
is,
for
qualified
patients
and
qualified
caregivers.
B
B
Of
course
it
didn't
do
away
with
federal
law
and
the
use
possession
cultivation
distribution
of
marijuana
under
federal
law
continues
to
be
illegal
most
so,
given
this
somewhat
confusing
framework
that
we
find
ourselves
in
san
bruno,
like
a
lot
of
other
cities,
has
recently
received
inquiries
by
interested
person
interested
persons
who
want
to
establish
a
medical
marijuana
collective.
Now,
it's
not
specifically
allowed
in
our
zoning
code,
but
it's
not
specifically
disallowed
either.
B
Now,
that's
not
completely
unusual
and
a
number
of
cities,
as
we
sort
of
look
across
the
state
of
California
to
see
how
they
responded
to
that.
There
seemed
to
be
three
different
approaches
that
cities
have
used
in
addressing
this
issue
and
they
are
allowing
but
regulating
medical
marijuana
banning
marijuana
or
enacting
a
temporary
ban.
While
the
matter
is
further
studied.
In
fact,
there
are
at
least
30
cities
to
the
first,
allowing,
but
regulating
that
have
followed
that
particular
approach,
including
some
of
our
neighbors.
You
may
have
seen
in
the
paper.
B
It
was
an
attachment
tonight
that
South
San
Francisco
recently
approved
a
medical
marijuana.
Collective,
the
San
Mateo
city
also
allows
and
regulates
them,
and
the
County
of
San
Mateo
also
allows
but
regulates
medical
marijuana.
Collectives
and
usually
the
regulation
takes
two
forms.
One
is
a
limited
approach
by
which
the
speckle
Ekta's
are
limited
by
zoning
through
regulation
of
selling.
Where
can
they
exist
and
the
second
is
requiring
particular
security
precautions,
along
with
other
regulations
like
obtaining
a
business
license
from
the
city.
B
The
second
approach
banning
has
been
adopted
by
think
almost
a
hundred
cities
in
California
the
the
issue.
There
is
whether
is
that
really
an
option
that
is
available
to
the
City
Council,
and
that
is
a
legal
issue
that
is
being
addressed
in
the
courts.
The
city
of
Anaheim
had
adopted
a
band,
and
that
was
challenged
in
the
courts
right
now.
We're
waiting
a
decision
from
the
appellate
court
there,
but
my
take
on
that
is.
However,
that
goes.
B
That's
probably
going
to
get
appealed
to
the
california
supreme
court,
so
that
issue
is
not
yet
clear
to
consider
as
an
option.
That
is
whether
it's
illegally
viable
approach.
The
third
approach
is
a
temporary
ban
and
about
50
cities
have
adopted
temporary
bands.
Most
recently,
the
city
of
Clermont
was
met
with
a
legal
challenge
on
their
temporary
ban
and
they
ended
up
prevailing
on
that.
The
city
had
denied
an
applicant
of
business
license
because
they
were
not
collectives
were
not
specifically
allowed
in
their
city
sort
of
like
ours.
The
city
then
enacted
a
moratorium.
B
In
the
meantime,
the
operator
went
ahead
and
set
up
business
and
the
city
decided
to
pursue
an
injunction
to
try
and
close
down
that
business
and
at
the
appellate
level
the
city
won.
The
court
found
that
the
state
laws
that
had
been
enacted
did
not
preempt
the
state's
authority
on
this
particular
issue.
B
So
that
is
the
approach
that
we
are
looking
at
for
San
Bruno
and
the
issue
that
is
before
you
this
evening.
The
benefit
to
the
city
on
enacting
a
moratorium
would
be
these
things.
It
would
allow
the
staff
to
have
the
opportunity
to
study
the
impacts
of
collectives
that,
particularly
that
we
see
in
our
neighboring
jurisdictions.
I
know
that
the
police
chiefs
and
a
chief
telford
could
speak
to
this.
B
B
Another
thing
is
that
the
city
is
just
commencing
its
zoning
code
update
and
so
that's
a
would
be
a
very
good
opportunity
to
look
at
those
uses
and
make
some
sort
of
recommendation
about
whether
marijuana
collectives
would
be
compatible
or
not
compatible
with
different
zoning
districts.
And
the
third
reason
is
that
the
legal
framework
is
unclear
at
this
point.
B
It
would
allow
the
staff
an
opportunity
to
see
whether
a
band
is
an
option
or
whether
it's
really
not
an
option
that
the
City
Council
can
consider
if
the
City
Council
were,
if
you
desire
to
go
forward
with
a
moratorium
this
evening.
The
way
it
works
is
this.
It
would
require
a
forfeit
of
the
City
Council.
The
moratorium
initially
only
lasts
for
45
days
by
state
law.
The
City
Council
could
then
consider
whether
wish
to
extend
that
moratorium,
and
it
could
do
so
again
by
forfeit
spoke
for
one
time
for
22
months
and
15
days.
B
No,
don't
ask
me
where
these
funny
numbers
come
from.
I'm
not
sure
why
it's
not
24
months
or
some
other
amount
of
time,
but
it's
22
months
in
15
days,
but
in
order
to
do
that
10
days
before
the
expiration
of
the
moratorium.
If
you
enacted
it
this
evening,
staff
would
need
to
provide
to
you
and
the
City
Council
would
need
to
adopt
a
study
that
describes
the
steps
that
staff
has
taken
in
the
city
has
taken
in
order
to
convince
study
of
this
issue.
C
B
I
think
that
the
main
issues
are
to
see
how
is
this
working
in
the
other
cities
of
the
security
precautions
that
they've
taken
adequate
are
their
impacts
to
neighborhoods
that
are
not
adequately
understood
right
now?
What
is
the
crime
rate?
Is
it
increased?
Is
there
any
effect
on
neighboring
businesses,
issues
like
that.
C
B
B
D
A
comment:
I
I
did
speak
with
someone
that
in
south
san
francisco-
and
it's
been,
I
believe,
a
couple
years
that
they've
been
dealing
with
this
and
the
public
spoke
out
and
it
specifically
did
not
want
encroachment
into
residential
areas.
Fortunately,
south
san
francisco
has
a
large
industrial
area,
so
I
believe
that's
where
they're
they're,
allowing
it
or
considered
to
allow
so
it's
I
would.
I
would
be
very
interested
to
see
what
other
cities
that
are
more
similar
to
our
setup,
where
there
is
mostly
residential
and
not
a
lot
of
industrial
commercial.
A
As
part
of
the
study
at
45
days,
are
you
going
to
bring
the
council
back
alternatives
that,
in
the
event,
they
didn't
extend
the
moratorium?
If
they
in
fact
pass
one
this
evening
of
things
to
look
at
you
know,
recommendations
is
to
what,
if
it's
going
to
be
allowed
location,
zoning
proximity
to
schools,
those
types
of
things
are
going
to
be
studied
as
well.
A
A
Yeah
and
you
could
come
back
and
say
that
you
know
you
don't
find
a
need
for
a
continuing
moratorium,
but
here
is
an
ordinance
and
here's
the
restrictions
that
should
be
placed
and
on,
or
you
might
say
that
you
find
a
need
for
the
continuing
moratorium
and
not
four-fifths
of
the
council
agrees
with
you.
Then
you're
not
going
to
have
a
moratorium,
and
but
we
certainly
should
have
then
some
implementing
guidelines
and
an
ordinance
on
how
staffs
going
to
then
work
with
the
then
permitted
use.
Absolutely.
A
E
So
I
just
wanted
to
comment
and
mention
that
I
have
no
problem
working
with
the
Chief
of
Police
or
whoever
has
input
on
the
security,
and
I
also
have
been
doing
research
on
robberies
things
like
that.
So
you
know
I'm
open
to
answer
any
questions
you
have
also
I'm
also
interested
in
opening
anywhere
in
san
bruno,
so
any
type
of
Zoning
that
you
have.
You
know
I'd
like
to
be
first
in
line
to
occupy
that
and
been
in
this
business
by
choice.
I,
don't
have
to
do
this.
I
managed
restaurants
for
a
living.
E
C
C
A
Other
questions
counsel.
Ok,
thank
you.
Thank
you.
Thank
you
very
much.
So
anyone
else
wishing
to
address
the
council.
Ok,
it
is
a
public
hearing.
So
if
the
council
closes
the
public
hearing,
you
will
be
precluded
from
speaking
on
this
item.
So
I'll
ask
one
more
time
and
why
don't
you
address
the
council?
Not
is
there
a
motion
to
close
the
public
hearing?
Will.
C
C
E
C
C
A
Thank
you.
So
there
there
has
been
a
45-day
moratorium
imposed
these,
so
this
issue
will
be
coming
back
to
the
city
council
at
the
second.
It
has
to
come
back
to
the
City
Council
prior
to
the
expiration.
Is
that
correct,
so
it'll
be
coming
back
to
the
city
council
at
the
November
24th
council
meeting
okay
45
days
puts
it
at
the
27th,
so
it'll
be
back
at
the
20.