Medical Marijuana Dispensaries letter from the ACLU of Sacramento Co.

April 6, 2010

VIA HAND DELIVERY
The Honorable Sandy Sheedy
Chair, Law and Legislation Committee
Sacramento City Council
915 “I” Street
Sacramento, CA 95814

Dear Council Member Sheedy:

On behalf of the Board of Directors of the American Civil Liberties Union of Sacramento County, I am writing to express our deep concerns with many of the “key components” of the proposed draft ordinance forwarded at the “Medical Marijuana Stakeholders Meeting” on March 11, 2010.

Generally speaking, the proposed proximity restrictions and the cap on the number of dispensaries will frustrate the existing needs of those Californians who are currently exercising their established legal right to obtain medical marijuana to promote their health and well-being.

As a matter of public policy, there are other apparent shortcomings. The provision regarding on-site consumption will negatively impact those qualified patients who work at dispensaries. Those provisions related to locked restrooms and limiting hours of operation to an undefined “police response” do not appear to have any articulated rationale related to public health or public safety.

Existing state law, California’s Attorney General, and the state Board of Equalization explicitly recognize the ability of patients and care providers to associate collectively and cooperatively to facilitate patient-members’ access to medical marijuana. See, e.g., Health & Safety Code Section 11362.775; Office of the Attorney General, “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” (August 2008); Board of Equalization, “Special Notice: Information on Sales Tax and Registration for Medical Marijuana Sellers” (October 2007).

We appreciate the efforts that you, your fellow council members, and your staff have taken on this important issue. However, prospective cannabis dispensary regulations must give due consideration to the compelling needs of both patients and care providers, who regrettably still face a great deal of hardship—including potential arrest, prosecution and imprisonment—in facilitating access to needed medication in a safe, secure, and dignified fashion.

Given the ACLU’s longstanding support of the Compassionate Use Act of 1996, the ongoing myopic political opposition to established state law, and the recognized health needs of so many Californians, the ACLU of Sacramento County Board of Directors remains committed to vigilantly monitoring this issue.

Should you have any questions regarding our position, please feel free to contact me at (916) 248-0338.

Sincerely,

Nikos A. Leverenz
Vice Chair, Board of Directors
American Civil Liberties Union of Sacramento County

cc: Council Member Steve Cohn
Council Member Lauren Hammond
Council Member Robbie Waters