Eased federal enforcement calms medical pot crowd
By: Mike Aldax
Examiner Staff Writer
October 20, 2009
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| Back off: Pot-smoking patients or their sanctioned suppliers should not be targeted for federal prosecution in states that allow medical marijuana, prosecutors were told Monday in a Justice Department memo. (Eric Risberg/AP) |
Owners of San Francisco medical cannabis dispensaries can be less fearful of federal prosecution following a policy change at the federal level Monday that eases medical marijuana enforcement.
The policy memo, issued by the Justice Department, tells federal prosecutors it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law. Medical marijuana remains illegal under federal law.
Fourteen states allow some use of marijuana for medical purposes, including California.
It is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.
While medical marijuana advocates lauded the policy change as a “major step forward,” those in The City doubted that it would alter the situation or lead to an influx of new dispensaries operating in San Francisco.
Strict regulations are already in place to ensure pot clubs are located away from schools and other potential problem areas and are in compliance with state law, according to local marijuana advocates, attorneys and city officials.
“[The City] has the most extensively regulated industry in the state,” said Patrick Goggin, an attorney for several dispensaries in The City. “We’re much further along than other problematic jurisdictions like San Diego and Los Angeles.”
City legislators adopted rules governing the marijuana dispensaries in November 2005 in response to resident complaints that there were too many pot sellers. The law requires clubs to obtain city permits from The City’s planning and public health departments. Dispensaries began receiving permits this year.
Twenty-two of 24 medical marijuana dispensaries operating in The City now have permits, said Dr. Rajiv Bhatia, medical director of occupational and environmental health for the San Francisco Department of Public Health. One permit application is pending approval, while another has been denied and is being appealed, he said.
The Department of Public Health plans to conduct compliance checks on the dispensaries at least once annually, Bhatia said.
While the new federal policy regarding enforcement of dispensaries won’t make it easier to set up shop in The City, Bhatia said it “will make the dispensaries feel more comfortable about operating” here and more forthcoming when reporting information about their businesses.
The Associated Press contributed to this report.
