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Update from SAMM

by Sonoma Alliance for Medical Marijuana
The cities of Santa Rosa,
Sebastopol and Rohnert Park have all passed moratoriums on new
dispensaries while they study issue. SAMM is on the Santa Rosa Task
Force, the Sebastopol working group and has begun networking with the
Rohnert Park City Council to advocate for patients with the cities on
their ordinances...


Dear Folks,

Medical cannabis dispensaries are how most California patients gain safe
access to marijuana. By and large, dispensaries do a pretty good job of
fitting into communities. There have been dispensaries in Sonoma County
for years, and up till recently there have been few complaints from
neighbors or negative press. However, there's a growing concern among
city and county governments about increased crime associated with some
of them. The cities responses vary. The cities of Santa Rosa,
Sebastopol and Rohnert Park have all passed moratoriums on new
dispensaries while they study issue. SAMM is on the Santa Rosa Task
Force, the Sebastopol working group and has begun networking with the
Rohnert Park City Council to advocate for patients with the cities on
their ordinances.

Santa Rosa put a temporary moratorium on new dispensaries but is
allowing the three existing ones to continue to operate under some new
rules. They include restricted days and hours, no loitering within 150
feet of dispensaries, no onsite smoking, etc. Some of the provisions
like restricting days and hours to Mon - Fri 9 am - 3 pm, and Saturday
from 10 am - 2 pm, have been a hardship for working patients. The
Council created a Task Force composed of the mayor, city attorney, law
enforcement, neighbors, SAMM and others, to study the issue and make
recommendations to the council.

Sebastopol passed a 45 day moratorium on dispensaries. There are no
dispensaries there now. There is a lot of support for patients from the
council and city staff. The moratorium was to give the city enough time
to approach this subject in a thoughtful and deliberate way. The
council recommended forming a working group including physicians, SAMM,
city officials, Jeff Jones, Attorney Rob Raich, and others, to review
options and make recommendations to the council.

Rohnert Park City Council approved at its April 26th council meeting an
urgency ordinance placing a 45 day moratorium on dispensaries. SAMM
hopes to be involved with Rohnert Park as we are in the other two cities.

We plan to advocate for the least restrictive ordinances, e.g., more
reasonable zoning requirements, on-site medicating, longer hours to
accommodate working patients, etc. We believe that good regulations
will help. We can support ordinances that are flexible enough to
accommodate the needs of patient, dispensaries, and the community.
There is a lot of common ground between the public and patients. Most
of us want dispensaries and we want them to be well run and to be good
neighbors. With a few exceptions, dispensaries are reputable both here
and around the state.

*Sonoma's Possession and Cultivation Guidelines*

In May 2001, the Sonoma County Law Enforcement Chief's Association
adopted Possession and Cultivation Guidelines proposed by SAMM. They
entitle patients to cultivate three pounds of marijuana within a plant
canopy of 100 square feet. DA Mullins added 99 plants to the Guidelines
as a way to discourage patients from cultivating 100 or more plants,
because of federal mandatory minimum sentencing guidelines.
Subsequently, other counties have adopted three pound, 100 sq ft
Guidelines and some have left plant numbers out because it was
recognized that plant numbers were meaningless and confused patients as
to the appropriate amount of marijuana to grow. It's all about the
square feet.

Sonoma's Guidelines have been under review since last summer. Some in
law enforcement wanted to lower the Guidelines to one pound and 25
plants, or, to adopt SB 420's minimum Guidelines of six mature plants,
or 12 immature plants, and possession of eight ounces. These proposed
changes were discussed at a meeting with the DA, Sheriff, health
department, Santa Rosa police and assistant city attorney, SAMM, Dr.
Hergenrather, the then mayor of Sebastopol, the attorney for the Sonoma
County Medical Association. The purpose of the meeting was to get
patient and medical feedback. SAMM's position was clear - three pounds,
100 square feet,* no plant numbers*, no pro-rating of the amount of
marijuana seized based on the renewal date of approvals, and a provision
entitling patients to cultivate and possess as much as the physician
approves when the amount needed exceeded three pounds per year. SAMM
reported on this meeting at our October Public Meeting.

We appreciate that we got four out of the five of the most important
things we asked for. At a another meeting in March with the folks
mentioned above, we were informed that the Sonoma County Law Enforcement
Chief's Association had voted to uphold the three pound and 100 sq ft
portion of the current Guidelines, stop the practice of pro-rating, and
allow for patients approved to use more to cultivate and possess more.
Unfortunately, they did vote to lower the plant numbers from 99 to 25.
At the meeting SAMM again strongly opposed plant number guidelines and
insisted that law enforcement remove plant numbers from the Guidelines
completely before we could fully support the new Guidelines. The DA
agreed to go back to the Chief's Association to review this.

We are waiting to hear what they have decided. Mary Pat is calling the
Sheriff for an update. Obviously, if they agree to drop plant numbers
then we will support the new Guidelines. If they do change the plant
numbers to 25, then we have a problem. We have already put law
enforcement on notice that this may end up in court and that we will
support a good case and let the jury decide to get rid of the 25 plant
limit.

If you want to call or write to the county on this matter we suggest you
communicate with District Attorney Stephan Passalacqua, or Sheriff Bill
Cogbill. They are in the Sonoma County Law Enforcement Chiefs
Association, and it's the Association that will be making the decision.

If you call, we recommend you express your appreciation for keeping the
three pounds and 100 sq ft, but you think plant numbers should be
removed from the Guidelines because they are confusing. Both patients
and law enforcement need to focus on canopy. Plant number guidelines do
not predict or control yield. Only canopy based guidelines do.

*SAMM PUBLIC MEETING ANNOUNCEMENT*

Sonoma Alliance for Medical Marijuana (SAMM) hosts a public meeting on
Wednesday, May 25th from 6:30-8:00 PM, at the Santa Rosa Public Library
on the corner of 3rd and E Streets in Santa Rosa. SAMM members will
stay until 8:45 to meet with you individually. Topics include various
city ordinances on medical marijuana dispensaries, changes to the Sonoma
County Possession and Cultivation Guidelines, and spring gardening
tips. Wheelchair accessible. Info: (707) 522-0292.

*SAMM TABLING AT HARMONY FESTIVAL*

The Harmony Festival (previously Health & Harmony) will be June 11 and
12, and SAMM will table at a new location, near the West Entrance (in
the non-profit row # 36).. This is a major outreach to the community,
and requires many helpers to staff on both days, from 10:00 AM - 7:00
PM. This is a big commitment in time and energy and we need all the
help we can get. A two hour shift is most welcome. Please contact
Kumari at: (707) 823-9644. Did I need to mention that it's really, fun
way to hang with friends, old and new, and also learn about the current
state of MMJ?

Thanks for your support,

Doc Knapp & Mary Pat Jacobs, Spokespersons

Sonoma Alliance for Medical Marijuana (SAMM)
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