Smoke and mirrors
Pot clubs can't get a break: New rules would force many to close

news@sfbg.com

Compassion and Care Center employee and longtime medical marijuana activist Wayne Justmann proudly displays a framed "keep up the good work" letter from Speaker of the House Nancy Pelosi (D–San Francisco) in the second-story medical cannabis dispensary in San Francisco.

"Patients can sit and relax and get away from the problems of the world," Justmann told the Guardian in describing this half pharmacy, half community center, which features AIDS information brochures, a DSL Internet connection, the makings for peanut butter and jelly sandwiches, and marijuana priced at $18 for an eighth of an ounce.

The CCC, which has been open both legally and illegally since 1992, is one of the numerous medical cannabis dispensaries that are having a hard time getting through the city's onerous approval process. Under guidelines that the Board of Supervisors approved and the mayor signed in November 2005, all of the dispensaries have until July 1 to get the required permits, but none have successfully done so.

The supervisors recently voted to hold off enforcement for the dispensaries that have already applied for permits, which 26 of the 31 or so clubs had done at press time.

A D V E R T I S E M E N T


Pending legislation by Sup. Michela Alioto-Pier would set a new deadline of Jan. 1, 2008, while also effecting procedural changes that could make it difficult for many facilities to ever get permits. She is proposing more stringent disability access requirements and wants to give the Mayor's Office more control over which clubs must abide by them.

Justmann and many others in the medical marijuana community interviewed by us see the pending legislation as a mixed bag. It would remove the police inspection from an approval process that now requires clubs to deal with six city departments, easing some concerns of proprietors in this quasi-legal business. Yet the legislation would also require all clubs to meet the Americans with Disabilities Act's standards for new construction, which could prove logistically difficult and prohibitively expensive for most dispensaries, which are in older buildings. For example, the CCC would need to build an elevator in the aging building where it rents space.

Alioto-Pier told us the amendment — which will be heard by the Planning Commission on July 12 and the board thereafter — is necessary to place medical cannabis dispensaries on par with other medical facilities. "Specifically because they are medical, the board felt it's important for MCDs to be accessible," she told us. "It's what I think should have been across the city."

Under the amendment, dispensaries would have to ensure that their bathrooms, hallways, and front doors were wide enough for wheelchair access and that they had limited use–limited access elevators, which would disqualify vertical or inclined platform lifts. While dispensaries like ACT UP's could aim to spend "tens of thousands of dollars" to meet the standards, co-owner Andrea Lindsay told us, others wouldn't be able to comply, such as those that couldn't afford the expense or whose landlords wouldn't allow extensive remodeling jobs.

The CCC is accessible only by stairs and does not have the money or permission to do the work that the amendment would require. "Still, ...

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( 10 comments | Comment on this article )
voiceofreason on Thursday, June 28, 2007 at 11:36 AM
thank god!!!

they should all be shut down

i'm sorry but the only people these places serve are the homeless that need to get high all day to avoid actually seeking the help they so desperately need and drug dealers

all you fans of medicinal pot have really blown it be letting the 19 or so clubs get up and running in district 6

they are a shining example of how badly things can go when we try to let sick people have access to this drug as medicine

well done!
kittenpie on Thursday, June 28, 2007 at 05:32 PM
Suck it, voiceofreason. I'm a cancer patient and I go to CCC.
kittenpie on Thursday, June 28, 2007 at 05:33 PM
Suck it, voiceofreason. I'm a cancer patient and I go to CCC.
amerigant on Thursday, June 28, 2007 at 11:29 PM
am so glad for the sake of friends and family that a majority of californians disagree with you, 'voiceofreason'. cannabis is mild and extremely effective for the feeblest of patients. cannabis is not processed therefore it is not a drug. no one has ever died from it. who ever thought of classifying cannabis as a drug was patently incorrect. it is a herbaceous annual.

the article is inaccurate. wayne is just wrong, at best, inflammatory at worst as the record shows. we at axis of love

appreciate other more well informed articles than this one by the sfbg. guess wayne got one by the sfbg, this time.
tbosselm on Friday, June 29, 2007 at 09:30 AM
I'd like to commend Ms. Stern on a well researched, well written article. Keep up the good work!
justadude on Friday, June 29, 2007 at 11:32 AM
You got it wrong. The new legislation will make it easier for clubs to meet ADA requirements, NOT make it harder. the original legislation required ADA standards for new construction. the current one will variances from this.

voiceofreason on Friday, June 29, 2007 at 06:27 PM
good for you kittenpie that you can 19 places to go and buy pot for relief of your chemo, i'm guessing?

my point is, do we really need 19 of them in district 6 alone for kittenpie?????

i'm not against it for medicinal value, don't get me wrong. i'm against the implementation and the huge abuse of the law. doctors should be prescribing it and giving it to you or pharmacists, i don't care. not drug dens in the tenderloin.

freemansullivan on Sunday, July 1, 2007 at 10:53 AM
Eliminate the 500/1000 ft. rule and you won't have clustering of MCDs.

Also, until the FDA approves cannabis as medicine, the MCD system of distribution is all we have.
voiceofreason on Sunday, July 1, 2007 at 10:56 PM
your solution to the 19 in my district is to remove the restriction keeping them from being next door to schools?

you people are friggin' idiots and self righteous beyond reason.

how many of you are actively on chemo right now and justifiably getting high every day?

i seriously doubt it is more than what 1 pot club could handle

1144Irving on Monday, July 2, 2007 at 08:20 PM
Waaah! There making it hard to sell pot!

Waaah! Relax the rules that most other businesses abide by.

Hey, pot dealers - if you can't define a business plan that makes any sense, then YOU ARE NOT A VIABLE BUSINESS. Move over and let the guys who can deliver safe and reliable service do the job. Stop your whining and for god's sake, stop smoking your own product - it's making you stupid.

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