After hearing dozens of speakers about a new medical marijuana ordinance Tuesday, the San Diego City Council voted 8-1 to approve an ordinance that regulates medical marijuana dispensaries.
The law will go into effect in about 45 days after the Council does a second reading that will make it official. Ninth District Councilmember Marti Emerald made a motion to adopt the ordinance and it was seconded by First District Councilmember Sherri Lightner.
“Today’s ordinance is balanced,” said Interim Mayor Todd Gloria, adding that it protects communities while allowing patients with a doctor’s recommendation to have “safe access” to medical marijuana.
Current dispensaries will likely have to close until they are in compliance with the regulations, which include getting a conditional use permit, hiring security guards and not be open within 1,000 feet of schools, churches, parks, child care centers, playgrounds and drug/alcohol treatment facilities.
In an amendment by 5th District Councilmember Lorie Zapf, a limit of four dispensaries per district was approved in the 8-1 vote. The regulations ban onsite medical professionals, and businesses must be 100 feet away from residential zones.
Mayor-elect Kevin Faulconer said nothing during the debate but voted with Councilmembers David Alvarez, Myrtle Cole, Scott Sherman and Gloria to approve the ordinance. The lone opponent was Fifth District Councilmember Mark Kersey who said he couldn’t support it because marijuana possession is still a federal crime.
“I can’t think of a prescription drug that can get you arrested just for purchasing it,” said Kersey.
Kersey mentioned the ongoing battle between state and federal authorities that remain after California voters approved Prop. 215 in 1996 which allowed for patients to possess marijuana with a doctor’s recommendation, but did not allow for cultivation or transportation of the drug.
Many people told the Council they need marijuana for pain and appetite stimulation. Patients with HIV/AIDS and cancer have said the drug works for them and they suffer without it.
Bob Riedel, a co-founder of the Alliance for Responsible Medicinal Access, told the Council “patients want to obey the law.” He added, “End the current ‘Wild West’ situation. End the chaos.” Riedel noted there is currently no medical marijuana ordinance.
The Council adopted a medical marijuana ordinance in 2011, but advocates submitted signatures to put it on the ballot and in response, the Council repealed it.
A psychiatrist, Dr. Matthew Carroll, told the Council he has not seen one patient who needs medical marijuana. “What we’re doing here is de facto legalization,” he added.
A retired Superior Court judge and a chaplain told councilmembers that people start on marijuana and go on to harder drugs. A 17-year-old girl said teenagers get marijuana from dispensaries to get high.
The state Department of Public Health has maintained a program that establishes a voluntary statewide identification card for qualified patients. Patients may show this card to police if they are questioned about drug use.
