LOOKING AHEAD IN SANTA ANA WILL THE RAIDS FINALLY END?

Two ordinances intent on making the rules

Collectives have continued operating in Santa Ana for the past seven years, despite the city’s ban on Medical Cannabis and Cooperatives. With an unstructured MMJ scene that resembles the “Wild West,” the city council decided to once again take matters into their own hands by instructing the Santa Ana Police Department (SAPD) to raid 24 targeted dispensaries throughout the city. On July 31, 68 patients, volunteers, employees and owners were detained and transported in an overcrowded, overheating paddy wagon to the Santa Ana City Jail.

Some men and women were sent home that evening after being cited, while others were forced to spend the night in jail before receiving their fines. According to Kandice Hawes, the leader of the OC’s cannabis community, the city was unapologetic for their unjust actions in which many detainees’ rights were violated. It may be a surprise that while the city is instructing massive raids in an attempt to get a handle on the situation, a permanent solution to the problem is just around the corner. 

Santa Ana is on the brink of becoming the first city in Orange County to adopt California’s Compassionate Use Act of 1996. There are two initiatives on the city’s ballot that are competing to enact provisions for medical cannabis collectives, and the deciding vote will take place on November 4. The first measure is entitled the City of Santa Ana Council-Referred Medical Marijuana Ordinance. It is publicly supported by many city council members, as well as the Mayor Pro Tem Sal Tinajero. Battling against this initiative is the citizen-drafted ordinance, the Santa Ana Medical Cannabis Restriction and Limitation Ordinance. These guidelines were written by Kandice Hawes and her team of activists. 

At the front lines of Santa Ana’s MMJ court cases and legal battles since 2007, Hawes and a group of patients, dispensary owners and other citizens formed the Committee to Support Medical Marijuana Ballot Initiative with hopes of drafting reasonable regulations and taxes on medical cannabis collectives. Hawes is now the Principal Officer of this committee. She is also the Director of Orange County NORML and the President of CSUF Students for Sensible Drug Policy. Hawes is campaigning hard to secure the popular vote, because she believes the citizens’ guidelines are superior to the city’s.

One of These Bills is Not Like the Other

Patients and employees should be concerned about their privacy if the city ordinance passes. According to Hawes, “They have a requirement that the collective will have to keep a list printed out and in their safe of patient’s names, addresses, phone numbers and government IDs.” Not only are records of patients at-risk, as Hawes pointed out, “They have to disclose all employees and volunteers and what their duties are in the collective, which is a fifth amendment violation.” 

Another issue with the city-sponsored measure is that it requires patients to be 21 and over. Hawes explained how this will discriminate against young adults who suffer from PTSD, “Santa Ana has a huge population of veterans, people just returning from the war that are probably between 18 and 21 years old. And those patients aren’t going to be able to access medical marijuana under city law.” 

Problems with the city measure that are unique to the dispensaries include zoning issues, restrictions on operating hours and more. According to Hawes, the city-approved locations have already been purchased, largely by non-local and foreign investors. This leaves many businesses at a loss if the city’s initiative gains the majority vote. 

The greatest concern with the city ordinance is that it would give the city council sole authority in amending or repealing the bill. In Hawes’ words, “Usually a council ordinance would still have to be amended by a vote of the citizens, but they reserved this special unique power to change it, so they can change anything about the whole bill at a city council meeting.” Allowing the council this ultimate power could potentially undo the years of hard work it has taken to finally regulate Santa Ana’s medical cannabis collectives. 

If you’re interested in aiding the Committee to Support Medical Marijuana Ballot Initiative, visit www.santaanamj.com.