October 2015 News Nuggets

Bay Area

San Leandro welcomes medical cannabis collective

San Leandro City Council has approved the opening of its first medical cannabis collective to operate within the city. Currently, San Leandro is only allowing one single dispensary, and the best candidate was Harborside Health Center. Over 14 applicants were competing for the single open spot for opening up a collective, but Harborside was the top choice for the City Council, most likely due to having a good reputation at its other successful locations in Oakland and San Jose, according to the Contra Costa Times. Harborside plans to bring much to the city with its business, including a plan to donate four percent of its annual gross sales to a community benefits fund that will benefit non-profit groups. Although only one collective will be soon be operating in San Leandro for now (a suitable location for Harborside San Leandro is still being decided), there is hope that the city will soon allow a second collective as well, according to City Manager, Chris Zapata.

California lawmakers pass proposals for statewide medical cannabis regulation

Three bills, SB-266, AB-243 and SB-643, were passed by California Senate and Assembly to establish the basis of medical cannabis regulation within the state. These proposals offer many changes, such as the creation of the Bureau of Medical Marijuana Regulation, which would be the office in charge of licensing and regulation rather than being under the control of alcohol-related offices already in existence. Local cities and counties would also be given the ability to create taxes on cultivation and retail cannabis sales, in addition to sales tax. Mandatory testing on all cannabis products, including edibles, oils and waxes is also a part of the agreement. It’s been almost 20 years since California passed Proposition 215, and until now, very little action has been taken, but these bills are certainly a historic step in the right direction.

Colorado

Cannabis home grows in El Paso County limited to 12 plants

Colorado Springs County Commissioners passed a new, temporary regulation for El Paso County, which limits the number of cannabis plants that can be grown on any single property to only 12. Previously, there was no limit as to how many cannabis plants could be grown at home for medical reasons. Commissioners stated that this “loophole” of seemingly unlimited cannabis plants needed to be closed in order to prevent people from turning entire houses into grow operations. “Folks are coming in from outside our state and in some cases, outside the U.S., to grow marijuana in large quantities right in our neighborhoods,” stated Commissioner Amy Lathen. “Now, nobody can grow more than 12 plants. It doesn’t matter who you are or what you’re doing, you can grow 12 and that’s it.” As of this writing, the regulations are temporary, and require one last hearing before becoming permanent.

Slow progress for cannabis tax money to be used for public schools

According to Colorado law, the first $40 million worth of the 15 percent excise tax instituted on cannabis sales to dispensaries will be spent on public schools. Now, voters are finally beginning to see the results of that law, albeit at a very slow pace. Although cannabis sales numbers have reflected a major increase in money for this funding, only three of 26 local projects throughout the state will be receiving funding, which will go towards roof replacement, campus renovation and middle school health and safety upgrades, according to Colorado Springs Gazette. Three school districts have also been chosen to receive a piece of that income, which stems from a $2.28 million appropriation aimed to pay for behavioral health counseling and drug prevention education, and will be used to hire nurses, psychologists, social workers and counselors. Cannabis taxes cannot be rewarded to every school district though, and when considering the 178 total school districts in Colorado, it could take a long time to ensure they all receive some funds from the excise tax.

Los Angeles

Long Beach City Council to discuss medical cannabis

Long Beach may no longer sit in limbo regarding its decision to adopt a medical cannabis ordinance, because a special panel called the Medical Cannabis Task Force has completed its research on numerous ways to draft an ordinance. Its recommendations noted the allowance of up to 18 medical cannabis collectives within the city, all of which would be required to obtain a conditional use permit and have armed security guards around the clock. Location limitations would be implemented, which require collectives to be located at least 1,500 feet from high schools, and 1,000 feet from all other schools, as well as other collectives. The Task Force gathered 30 recommendations to give to the Long Beach City Council, which will further discuss how the city should regulate collectives.

Two of 20 Santa Ana lottery winners have opened up shop

Over half a year has passed, and only two medical cannabis collectives have opened up shop in Santa Ana so far. A total of 20 “winners” were selected, however a variety of roadblocks have been encountered by those candidates, including issues with landlords and other local businesses, according to the Orange County Register. Despite voter approval, both the city and the Santa Ana Police Department are being very thorough. There are still 18 applicants who have yet to open, and 10 of those are still under review by the police for saftey permits. The other eight still need to complete and file paperwork. Progress is slow but Chris Revere, the Santa Ana overseer of the safety permit issuance process, believes it’s only a matter of time before more collectives receive the necessary allowances, “We would rather be very detail-oriented and make sure that we do it right, than rushing some of these processes and getting it wrong,” stated Revere.

Michigan

New medical cannabis ordinance in the works for Detroit

The Detroit City Council will soon be discussing the idea of implementing regulations for medical cannabis, due to an “oversaturation” of dispensaries in the area, according to Detroit Free Press. “The challenge that we have is that we have to make sure we’re within the legal parameters of . . . what we’re allowed to do,” Councilman James Tate stated. “We want to make sure that we don’t end up allowing these entities to create a bigger industry.” Councilman Tate plans to introduce the ordinance to propose stricter regulations for dispensaries in the near future. He mentioned that he’s working with city lawyers, the Detroit Police Department and his fellow council members to devise rules that would specify where dispensaries are to be located (in regards to distance from schools, parks and religious establishments) by following the example of neighboring cities. The ordinance would also require each dispensary to obtain a city license in order to operate as well. One important distinction, according to Tate, is that no existing dispensaries will be “grandfathered in” based on previous history—everyone will be subject to new regulations, if the ordinance is passed.

Gaylord petition calls for medical cannabis ordinance

A petition for the city of Gaylord to create a medical cannabis ordinance was recently filed. Organizers of the petition gathered 584 signatures from local residents, which was more than the original 314 that was required to submit to city officials. One of the head signature collectors and leaders of the initiative, Chad Morrow, noted that only two out of every 20-30 people denied to sign—many others were willing to sign. “A lot of people support taking the criminalization out of it. The war is over. It is just these little battles that are still being waged,” Morrow stated. The petition proposes a city ordinance that would allow for the regulated use of C-1 General Commercial District as a possible location for medical cannabis provisioning centers. Now that the petition has been filed, the city’s deputy clerk must verify all of the signatures, and if enough of them check out, the proposal will move on to the Gaylord City Council for language approval of the ordinance on the ballot.

Oregon

Silverton City Council Approves Cannabis Sales After Moratorium

The Silverton City Council has approved of a new set of regulations that will permit the sale of cannabis and the legal operation of dispensaries within the city. The entire state now allows up to one-quarter ounce of cannabis sold per person, per day, as of October 1. However, Silverton City’s temporary moratorium on medical cannabis business ended on October 6. After that end date, the city can begin taking applications for potential business owners to open up shop. The city approved its new regulations in a 6-1 vote, which agreed that there would still be a citywide ban on the sale of cannabis-infused edibles, that dispensaries must be located in a permanent, brick-and-mortar structure, that dispensaries cannot be located in a residential home and requires that air ventilation and filtration systems must be installed in all dispensary businesses.

Cannabis TV ad pulled in Portland, set to air in Eugene and Medford

The first ever cannabis business commercial was set to air on KATU-TV last month, in conjunction with the Oregon Medical Marijuana Business Conference in Portland, but TV station KATU decided to pull the plug at the last moment, according to the Willamette Week. The sudden change of heart is believed to be because other media were reporting that the commercial was the very first of its kind to air on primetime TV. KATU’s only comment was “We don’t accept advertising for marijuana,” but the 30-second commercial provides information about the event and the recent legalization of cannabis in the state. However, the commercial has found new hope and was still featured on KMTR in Eugene and KTLV in Medford, “It’s just slightly ironic that Eugene and Medford are running them and quote-unquote ‘liberal’ Portland is not,” stated Alex Rogers, the individual in charge of the commercial.

San Diego

Third applicant applies for medical cannabis collective in Ramona

The city of Ramona now has a third applicant vying for the open medical cannabis collective spot. Currently, Ramona already has two applicants that have received their building permits from the county and are in the process of obtaining their operating license, according to the Ramona Sentinel. The third is farther back in the process while currently working on obtaining its own building permit, which often takes over half of a year to receive. This is a unique circumstance compared to San Diego County’s current regulations on cannabis collectives, as these collectives will be operating within an unincorporated area of the county. This is only allowed when a Medical Marijuana Collective Facility Operating Compliance Certificate has been issued by the Sheriff’s Department. Alongside San Diego County’s rules and regulations regarding collective locations, these three collectives are required to be at least 1,000 feet from schools, recreation and youth centers, playgrounds, parks, churches and residential housing.

Potential Grantville collective moves forward

The Navajo Community Planners, a small planning group that represents the cities of Allied Gardens, Del Cerro, Grantville and San Carlos in San Diego County, recently voted to recommend that a conditional use permit be given to local collective, Grantville Greens. The vote included a specific set of restrictions, including an agreement for hours of operating, the presence of an armed guard at all times, no sales of hash oil or wax and that no vending machines would be permitted, according to San Diego Reader. The owners of Grantville Greens presented their application to the city in April 2014, but were later denied by the San Diego Development Services Department due to its location near the Mission Valley Riparian Dedicated Parkland. The very same parkland was mentioned in another permit denial for a different dispensary, Living Green, in June. However, Grantville Greens’ use of a surveyor to record exactly how far the park is located from its business makes its owners hopeful for a change of opinion. Grantville Greens’ appeal to the planning San Diego commission is set to occur sometime this month.

Washington

First tribal cannabis pact signed by Suquamish tribe

The Washington State Liquor and Cannabis Board and Native American Suquamish Tribe have signed the United State’s very first cannabis deal. Referred to as the Marijuana Compact Between the Suquamish Tribe and The State of Washington, or Compact for short, this agreement allows for the special regulation of the production, processing, purchase and sale of cannabis on Suquamish land for 10 years, according to KOMO News. The Compact defines a special tribal tax that acts similarly to the statewide excise tax, and will be applied to non-tribal customers who purchase cannabis on the tribe’s property. “Our Tribe always favors a collaborative and cooperative approach. We believe that our relationship with the State, including this Compact, will best serve and protect our tribal community, surrounding neighbors and residents of the state,” stated Suquamish Tribal Chairman Leonard Forsman. The Compact will move to Governor Jay Inslee’s desk for approval.

First cannabis access point opens in Walla Walla

The city of Walla Walla is slowly allowing cannabis businesses in the area, and has welcomed its very first access point, the Walla Walla Cannabis Company. According to owner Amber Cole, it’s taken over two years of planning to get to the point of operation. “It’s kind of historic. Not only to have cannabis legal in Washington state, but to be the first cannabis store to be open in Walla Walla,” said Cole. The city is allowing a total of two access points, the second of which is reported to be nearing its own grand opening soon. The city council’s extensive discussion on allowing cannabis businesses, which led to the cannabis ordinance, is also currently considering the allowance of two cannabis growers interested in opening up shop in Walla Walla.

National

Out-of-state patients can now buy medical cannabis in Las Vegas and Reno

A new ordinance has made Nevada the first state to allow dispensaries to sell cannabis to out-of-state patient visitors. Now, any patient may visit Nevada’s two current dispensaries, which have only been open since mid-summer (with over 60 more applications for new locations currently being considered throughout the state). So far, a majority of the customer traffic seen at those new dispensaries are patients who traveled from Arizona, where over 80,000 medical cannabis patients are registered. Currently in Arizona, it is legal for out-of-state patients to possess cannabis, but illegal to purchase it. However, it should be noted that cannabis use by non-local patients may be very limited, due to private ownership of major hotels in the Las Vegas area. Medical cannabis patients who come from other states may possess up to 2.5 ounces of cannabis anywhere in Nevada and are required to sign an affidavit verifying that they have been approved to legally use cannabis in their home state.

Early Cannabis Sales Begin in Oregon

The early retail sale of cannabis became official on October 1, as per the state’s approval of Senate Bill 460. Measure 91 made recreational cannabis legal in July, however the measure also gives the Oregon Liquor Control Commission until January 1, 2016 to implement cannabis regulation across the board, for production, processing and commercial state. As a result, the state has agreed to allow any existing medical cannabis dispensaries to sell cannabis after October 1 as an attempt to keep black market sales from rising. As an added bonus, from now until the end of the year, all recreational cannabis sales will be tax-free.

World

Colombia decriminalizes up to 20 cannabis plants

A Supreme Court ruling in Colombia last month decreed that having up to 20 plants of cannabis is not a crime. The court’s ruling came as the result of a case involving one man who was sentenced to over five years in prison after being caught by police with a “124 gram” plant, according to Colombia Reports. The current maximum amount of cannabis that can be carried at one time is 20 grams. However, because the man’s plant was to be used for personal use, the court decided that it shouldn’t be considered a crime. Possession of cannabis has already been decriminalized in Colombia, but this ruling further enhances the allowance of small amounts of cannabis. Later this year, the Colombian Congress will reportedly discuss the legalization of medical cannabis.