The city council voted 5-2 last week to adopt restrictions on medical marijuana dispensaries that mandate they be located in industrial zones and they must all apply for a conditional use permit.
The restrictions in the medical marijuana ordinance may cause most businesses to close up shop, at least temporarily. The ordinance takes effect within three weeks, and the council’s vote was the official second reading to make it official.
“Realistically, the city cannot close up shops right away,” said 7th District Councilmember Marti Emerald, who seconded the motion by 3rd District Councilmember Todd Gloria to pass the ordinance.
“As of today, our zoning laws do not allow for collectives,” said Gloria. “This is certainly more restrictive than I like.”
Emerald said the ordinance was not a ban, and said there are industrial areas in every single district where dispensaries could be located. All dispensaries must be located 600 feet away from schools, libraries, parks, and churches.
Medical marijuana collectives must also operate as nonprofits, and are required to have some type of security system. They can operate between 7 a.m. to 9 p.m. seven days a week.
The ordinance also allows patients with a state identification card to possess one pound of pot. Patients can also grow 24 marijuana plants, depending on their doctor’s recommendation.
Besides Gloria and Emerald, also voting in favor was Council President Tony Young, and Councilmembers Kevin Faulconer and Sherri Lightner.
Voting no were Councilmembers Lori Zapf and David Alvarez. Carl DeMaio was absent when the vote was taken but he voted against it March 28.
The council heard hours of debate by those for and against the restrictions, but when they voted, 12 to 15 people ran up to the dais, causing momentary confusion. Councilmembers quickly left after one vote.
Those who ran forward began singing “We Shall Overcome” and they were wearing T-shirts that said, “Stop the Ban.” San Diego Police officers made their presence known by walking in the area.
Councilmembers had to cast a second vote, so they returned about five minutes later with the protesters loudly singing off-key. They voted 5-2 a second time, and then left while some of the protesters stayed there even after the meeting was over.
One woman was briefly handcuffed, and then released. Six protesters stood their ground for several minutes, and then one of them left. The remaining five sang and sat down in council chambers for two and a half hours after the meeting was over.
“We demand safe access to medical marijuana! Amend this ordinance to meet the people’s need,” the five chanted.
More police officers showed up, and they sat near the protesters and drank bottled water, but didn’t share any. The five, who were in their early 20s, did not have any water with them.
The lights were eventually turned off, leaving the five in the dark. About 30 minutes later, they all left without arrest. “Thank you for not doing your job!” yelled one woman outside.
During the sit-in, a group sent out an online press release stating the five protesters were arrested, even though that was not the case.
Afterwards, Don Duncan, the California Director for Americans for Safe Access claimed the five were in fact arrested, but he said that before he had time to talk to them.
“The patients were concerned enough about this to put their bodies on the line and risk their freedom to stand up and tell the city council to go back to the drawing board and find a better solution,” said Duncan.
None of the five would release their names, but he said they were all medical marijuana patients.
“They were mad we didn’t arrest them,” said Police Lt. Roy Moody afterwards. “The San Diego Police Department supports their First Amendment right to protest.”
California voters passed Prop. 215 in 1996 that allows patients to use marijuana if they have a doctor’s written recommendation. It is illegal under federal law to transport, possess, or cultivate marijuana.
I was one of the hundreds of people at the city council meeting, and there are some pretty weak elements of this article.
It is notable that of the “hours of testimony for and against” the LARGE majority (probably at least 70%) of speaker were against the ordinance as too restrictive. There wasn’t an even distribution of testimony by any means.
From the photos in the UT it looks very unlikely that this group was all in their early 20’s, do you have any factual basis for publishing this? Otherwise it seems just like an effort to marginalize their efforts.
Also notably absent from this article, David Alvarez voted against the ordinance because he agreed with the hundreds of people at the meeting in that it was too restrictive. He is the only member of the city council to take a principled stand in opposing this ordinance on behalf of patients.
And to fault people participating in civil disobedience for singing off-key? Seems harsh.
Probably most importantly, the ordinance mandates that all collectives close. It’s pure speculation that only some will close and that this will be temporary.
It’s great that the SDPD – who have a history of repression when it comes to political action – chose to respect the free speech rights and not arrest during this demonstration.
In any case, given how hard the medical marijuana community has fought – and that a lot of their efforts were in conjunction with the LGBT community – it seems a shame that the LGBT weekly would misrepresent how support was distributed at the meeting and that it seems they have an antagonistic stance towards the activists who seemingly were prepared to place their freedom on the line.
Thanks for the love LGBT Weekly – (just kidding)
Here is how i really feel:
Dear Mr. Neal Putnam,
I was one of those protesting the city council vote and part of the campaign that staged the act of civil disobedience at San Diego City Hall, taking a principled and public stand against the new ordinance that establishes a de facto ban on patients’ collectives and cooperatives in the city.
Prior to the bill’s first reading on March 28th, the Stop the Ban campaign organized the largest letter-writing campaign in the city’s history, during which almost 4,000 San Diego residents wrote in opposition to the ordinance, requesting the passage of specific amendments.
Having thoroughly exhausted all political means and left with little option, activists chose nonviolent civil disobedience to voice their opposition to the council’s decision. The activists all part of the “Stop the Ban Campaign” — a coalition of over 20 local, state, and national groups spearheaded by Canvass for a Cause and the San Diego Chapter of Americans for Safe Access (ASA) — dropped empty pills bottles in front of the City Council to symbolize their lack of safe access to medicine. Then they linked arms and sat down on the floor in chambers repeatedly chanting “We demand safe access,” and singing “We Shall Overcome,” disrupting the session, forcing council to clear the chambers, and for a few minutes actually delaying the second vote on the ordinance.
The council members, over loud chants and song, determined to cast their votes, did so (5-2) over the chants and singing. Once their votes were cast the council members all jetted for the exits and left City Hall with police escorts.
Following the vote, police in the council chambers told the protesters to leave or they would be under arrest and warned the audience that anyone who stayed behind with the protesters would be arrested as well. As the room cleared out, the chants and song grew louder.
After all members of the public were escorted out of the council chambers, the lights in the room as well as the air conditioning were cut off in an attempt to encourage the protesters to leave while several uniformed police were stationed on both sides of the protesters waiting for the order to take them into custody.
After a couple hours it became clear the police were instructed not to arrested, harm, or bother the protesters and to avoid by all means, the PR nightmare any arrests would cause City.
“The patient community in San Diego will not be deterred despite the efforts of the City Council,” said ASA San Diego Chair Eugene Davidovich, one of the protest organizers and activists participating in the civil disobedience on Tuesday. “One way or another, San Diego patients will gain safe access to their medication, but it would be much more effective for the city to work with us instead of fighting us at every step of the way.”
The protesters remained in the chambers for a couple hours past the council meeting in protest of the vote and in light of their action were able to send a strong message throughout the City, that this community’s voices will in fact be heard and respected. Those who left the chambers were told by the police that the five inside would be placed under arrest, although that never happened.
Advocates are now targeting San Diego Mayor Jerry Sanders, urging him to reject the bill and tell the City Council to come back with a version that reflects the community’s input. While litigation is likely to result from the passage of the ordinance in its current form, there is another move afoot. The San Diego chapter of ASA in collaboration with the Stop the Ban Campaign submitted a ballot proposal to the city clerk on Monday in an attempt to put the issue before the voters. A little-used process involving the city’s Rules Committee, could prompt a public hearing on the proposed measure and if approved by the committee would be sent to the council for placement on the next election’s ballot.
If you have any quetions email: eugene.davidovich@gmail.com
Join the effort to protect medical marijuana patients rights in San Diego: visit http://www.safeaccesssd.org
Yes, I agree with Jon, this is a shabby representation of what happened. Nobody ran forward. This was an planned and calmly executed civil action. Neal Putnam was also attempting to spin his tale on Channel 10’s coverage but the reporter set him straight.
And by the way, we didn’t refuse to give our names, we refused to give them to Neal. Lastly, I was one of the five and I’m 47 years old.
If anybody has questions about what really happened, please feel free to contact me.
Terrie Best
ilegalsmile@hotmail.com
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