San Francisco Permits Cannabis Outlets Attorney Rob Raich on His Return from a Recent Trip to the Area

F R E E w w w.OaksterdamNews.com Vol. 2 # 1 February – April 2006 510-836-NEWS (6397) Courage under f i re in San Diego Cannabis outlets continue to serve patients after raids By Justin Baker Police raids hit 13 San Diego dispensaries on Dec. 12. Soon thereafter the County Board of Supervisors instructed its attor- neys to file a federal lawsuit seeking to recriminalize medical marijuana in California. Dispensary operators and patient groups said they are, in turn, taking action against the Supervisors. Within days, many of the dispensaries were open and serving patients again, as government officials said they were con- tinuing to investigate the supply network that provides medicine to qualified patients consistent with State law. Drug agents, who used forged documents to entrap the s t a ff, alleged that each dispensary had failed to verify at least one fraudulent p h y s i c i a n s ’ letters when presented. Support rallies were held in San Francisco, Sacramento and a dozen other After months of debate, San Francisco Supervisors adopted an ordinance to keep most of the County’s medical marijuana cities nationwide to protest the raids and dispensaries open for business, such as the Green Cross, shown here. More on dispensaries on page 6. Photo by Marcy Boas denounce the Supervisors attempt to thwart the will of the voters. “San Diego is the touchstone for medical marijuana in the state,” said Oakland San Francisco permits cannabis outlets attorney Rob Raich on his return from a recent trip to the area. “That’s where both Most of the city’s existing requirements, but must abide by the new maximum cannabis purchase of one ounce the good and the bad are going down.” county health provisions, which forbid at a time and possession of eight ounces dispensaries to stay open clubs to allow smoking at any facility without arrest. Patients are also extended ACLU threatens suit By Chris Conrad within 1,000 feet of a school. immunity to grow 24 cannabis plants each The American Civil Liberties Union An ordinance to regulate San Francisco The provision would essentially ban or 25 square feet total of garden canopy, announced Jan. 18 that it was sending a let- medical marijuana sales, authored by cannabis smoking at 13 dispensaries, but not 99 plants in 100 square feet, as was ter to warn the County that it would inter- District 5 Supervisor Ross Mirkarimi, won the phrase “unless not required by state proposed. However, each patient may des- vene to force the county to follow state approval Nov. 15. The measure was law” leaves the door open for an interpre- ignate more than one caregiver to possess l a w, which was approved by 56% of state hashed out in a gauntlet of neighborhood tive ruling by the state Attorney General’s a similar amount for them. voters. “For this one county to decide to go groups, patients, cannabis providers, O ffice. State law bans cigarette smoking HopeNet raided by feds against the will of California voters — it’s activists, media hype, law enforcement only within 25 feet of a school. unprecedented and it’s unconstitutional,” The ordinance was tested Dec. 20, agencies and internal Board politics, but While the ordinance allows most clubs said the A C L U ’s Anjuli Verma. came through in surprising good form. when federal DEA (Drug Enforcement to stay open, it makes it harder for new Administration) agents raided a home and The Board’s attack on the rule of state “It enacts a number of zoning restric- clubs to come to the city and for existing buildings where medical marijuana was law prompted local activists to announce a tions and guidelines for existing and new clubs to relocate. Both the Green Cross and allegedly grown. An action alert from petition for a voter initiative to impose dispensaries,” said Mirkarimi. “New dis- Mendocino Health Alternatives are seek- Americans for Safe Access and others term limits on the five county supervisors, pensaries face a Public Health and Plan- ing to relocate and would be considered as drew nearly 100 demonstrators to quickly all of whom have sat on the Board for at ning Dept. hearing to make sure their new dispensaries. Dispensaries were also gather outside the Hopenet Medical least 12 years and have drifted out of touch applications conform to city policies.” excluded from residential and industrial Cannabis Cooperative. The well respected with the community they serve. If success- Under the new code, licensed cannabis districts, which affects the Vapor Room 1000-member collective provides free ful, the effort would still not remove any dispensaries can operate throughout the and Re-Leaf Herbal Center. medicine to over 40 seriously ill, low- Board member during the current term. city but must be situated 500 feet or further In a last-minute amendment by Sup. income patients. Hopenet directors Steve The raids appeared to be part of a larg- from a school. About 35 existing clubs Michela A l i o t o - P i e r, the ordinance tight- and Cathy Smith were detained and er scheme hatched in San Diego to outlaw would be exempt from the city’s zoning ened its guidelines for patients, setting a released in time to join a press conference Please turn to page 14 Please turn to page 7 Mayoral candidate Nancy Nadel s u p p o rts Measure Z adult use clubs Comments on voter poll The primary election is June 6, 2006. Reacting to the new poll numbers, By Zack Kaldver Nadel remarked, “The voters were clear O a k s t e rdam News commissioned an Evans when they voted and polls show their feel- McDonough poll over Jan. 6 - 9 that found ings haven’t changed — they want to Oakland voters are ready for private, adult- decriminalize private marijuana use. use clubs, and 58% are more likely to vote “ Taxpayer dollars are tragically wasted for a candidate who supported Measure Z. on imprisoning people for private use of In the Oakland mayoral race, that can- marijuana when those dollars are so need- didate is Councilmember Nancy Nadel. ed for basic services.” When voters are reminded that Nadel Oaksterdam News contacted Nadel for supported Measure Z and that Ignacio De some questions and answers. La Fuente opposed it, she gains enough Q Do you agree that the City should undecided votes and he loses enough sup- e n s u re Measure Z rules include private port to put her in 2nd place. Ex-Congress- adult use clubs as the initiative intended, man Ron Dellums, who has a long history not just home sales and use? of supporting cannabis reform, leads the A Yes. At the last council discussion of Steve and Cathy Smith, directors of HopeNet, went to San Francisco City Hall on race with 44%, followed by Nadel with this, I suggested that the definition of Jan. 11 to hold a compassionate medical marijuana giveaway to 20 indigent 21% and De La Fuente with 20%. Continued on page 5 patients after a federal raid on their home and dispensary. Photo by Michael Aldrich Page 2. Oaksterdam News. February - April 2006 February - April 2006 Oaksterdam News, Page 3 Council says Oakland vote means y o u r home is your cannabis castle Tells police to ignore cultivation and sales in residences By Justin Baker despite the measure’s clear intention to Oakland City Council voted Dec. 20 to move cannabis dealing off the streets and reinterpret Ballot Measure Z, Oakland’s into legitimate commercial establishments. voter initiative making “private, adult Each Council member who spoke cannabis (marijuana) use, distribution, premised their remarks that they do favor sale, cultivation and possession” the City’s legalizing adult cannabis sales at the state lowest law enforcement priority. and federal levels. Most went on to express BAKERSFIELD — N a t u r e ’s Medicinal and friends celebrated their success in mov- an unwillingness to implement or initiate ing the City Council to take a more supportive position regarding local dispen- any such process at the local level, other saries. The county is implementing a patient ID card program. Photo by Jaime Galindo than minimal compliance with Z. The Council’s interpretation of As interpreted by the City, the ordi- M e a s u re Z allows adult cannabis nance clearly protects cannabis sales and alternative to the failed Bush war on drugs. Supreme Court upholds sales from and deliveries to homes, cultivation in the home, but would not go But the city council seems intent on block- public health rights of States ing its implementation.” as well as cannabis gardens set f a r t h e r. This could apparently take the The US Supreme Court Jan. 17 aff i r m e d “One of the goals of Measure Z was to in residential areas. form of individual sales, home deliveries, the power of States to control their own get cannabis dealing off the streets and or “Tupperware” style house-parties. public health policies, in a 6-3 ruling that move sales and distribution into private, The initiative, which passed with upheld Oregon’s Death With Dignity A c t . regulated settings. But this vote would just 65.2% of the vote in 2004, also instructed State voters passed the 1997 initiative to push it right back into neighborhoods and Sixteen people, outraged at the attempt councilmembers and other city officials to legalize physician-assisted suicide for ter- private residences,” said Richard Lee, to thwart the will of the voters, spoke appoint a Community Oversight Commit- minal patients.

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