Update: Redding City Council adopts medical marijuana ordinance by a 3-2 vote. 10:12 p.m. Tuesday, Nov. 17.

Voting in favor of the regulations were Councilors Dick Dickerson, Mary Stegall and Mayor Rick Bosetti.  Voting against were Councilors Missy McArthur and Patrick Jones.

Here’s the ordinance.

Expect lawsuits.

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Liveblogged …

Tuesday night (11.17.09) the Redding City Council was considering how to legitimately regulate and authorize medical marijuana cooperatives and collectives with minimal disruption to the businesses, their neighbors and their patients.

Click here to read the exact options they’re considering.

Stay tuned. We’ll let you know when the council reaches a decision.
…7:50 p.m. The mm item is next on the agenda…
…7:55 p.m. Mayor Bosetti needs a comfort break before taking up the mm item…
…8 p.m. … and we’re on task now…

Some early remarks by City Attorney Rick Duvernay:

After much research and conversation with all sides of this issue… “We’ve strengthened our resolve that regulating this is necessary and appropriate.” Unless and until the time comes that the federal government recognizes medical marijuana legitimacy, he says, “It’s my opinion that this business has been allowed … and is operating in a no-man’s-land, unregulated, and there is an illicit element NOT associated with medical marijuana but with the USE of marijuana. … all the reason for regulation to separate it from the criminal element associated with the uncontrolled recreational use of the drug.  … It is real. (The criminal element.)   For the most part, the collective owners admit to that and call for regulation.”  He says patients, collectives and advocacy groups all recommend regulations.  “The regulations are not intended as coming from the perspective of making a value judgment… but it’s to separate and control the legitimate medical marijuana use from the illicit market. It’s being driven by greed and money.  Collectives and cooperatives operate in a not-for-profit manner to provide needed medical marijuana as recommended by a doctor.”

(As an aside, Duvernay says current information is that marijuana is being sold at $4,000 a pound wholesale and being resold for $8,000 a pound.  “We NEED some oversight,” he says.) …

Now he is going point by point over the proposal linked above….

Question from Councilor Missy McArthur:  Moratorium is in effect on new shops. What about existing shops?  RD: OK unless they choose not to comply with the ordinance that would go into effect within the next 30-60 days, at which time the moratorium might change as well.

Question from Councilor Patrick Jones: Because there’s still a disconnect between state and federal law, how would the police respond if the district attorney chose to prosecute?  Chief Hansen: Local DA couldn’t prosecute under the federal law.

Now members of the public are speaking. It’s civil.  Doug Bennett representing the ACLU (as a citizen, not as an attorney) spoke first, about the medical industry’s continual appeal for reconsideration of the criminality of marijuana and what he calls its clarity on the legitimate use of medical marijuana. And he cautions against putting too much power in the hands of law enforcement and instead taking the collectives’ permits through another approval source.

Second speaker: Drug-addiction treatment provider has concerns about the possibility of sharing a common wall with a shop.  Is for the regulations, urges support.

Third speaker: Concerned about verification process costs for businesses.  How about using existing county card verification process so as to avoid additional costs and to protect patients’ private records? Also has a problem with stating a dosing amount. “It’s self-dosing,” she says: i.e., cancer patients will have different needs than insomnia patients.

Fourth speaker: Concerned about stoners hanging around Mission Square. It’s not that they don’t want shops in Mission Square, it’s that there are huge abuses going on in the three existing shops. “Our businesses are ruined and our lives are ruined.” Very emotional…. “You have to stand up for the good people who just have done it all right.” “Our police department can totally be trusted.” “These people need to follow the rules that the rest of the world has to follow.”

Fifth speaker: “The smell, the loitering, the disrespect (from customers, not business owners)… I think this city council should take a stronger stand and solve the problems we have in Mission Square.” “This week marijuana was smoked in the parking lot. … I urge you to take action.” Also an emotional plea.

Sixth: Attorney from Oakland… I’m encouraged and would like to express my sincere gratitude to the city attorney and police chief for its ordinance and changes to the ordinance.”  All of you are part of the same community… Commend you… you’re trying to accommodate everyone in the community.  Would like to say that I’m encouraged the council is going for regulation rather than strictly police enforcement, which shatters lives.

Seventh: It’s been hell to deal with the laws … I’m a disabled cripple and it’s been hell to live with the way people have been treated over medical cannabis… I’m emotional … Police should keep their opinions to themselves … the fact is, us medical marijuana patients have been treated like dirt. There will be a big civil disruption because this is bigger than all of you. …. My life has been trashed over medical marijuana.

Eighth: I’m a medical marijuana user. i have a recommendation.  The first one said “as needed.” New one is, as required, by a valid doctor who I see twice a year, and has my fingerprint and you can see it anytime. It says I can grow 25 plants and process five pounds … I have no problem donating what I don’t use back to the collective. That’s how I deal with it.  …. You can organize this.  My doc prescribed me raw materials and the medicine itself.  I don’t see why that can’t keep working. I live here. Born here. I’ll still be here. If summer heat killed my crop, I’d need to go buy it.

Ninth: City is trying to underhandedly undermine current law. … You are not qualified to decide what is best for my medical needs. …

10th, 11th: In support of collectives’ rights and against many of the ordinance’s points as being overly restrictive.

12th: 31 outlets in Redding (including 7 delivery-only outfits) as compared to the 39 in Sacramento… am concerned about the cavalier attitude toward marijuana.  Many statistics and studies supporting its detriment to youth around the world. Because of brain development, it’s more dangerous for youth. Medicinal marijuana has turned into a joke. Sign spinners on sidewalks communicate a message we don’t need.

13th: Extend the moratorium. Horrible leadership to take a vote tonight.

9:25 p.m. …

14th: Been using since 1984.  People stumbling around parking lots?  Alcoholics! Not stoners.  Against the ordinance as too restrictive. Verifications process is overwhelming to shops and medical offices alike. If collectives are doing it wrong, put it on the collectives, not on the patients. You’re already killing my business with these regulations and inspections… Let’s set this up, take some time with this and get something we can vote on. Let’s start off with the right footing.

15th: Against. For several coherent reasons, but mainly because she says the ordinance is duplicative of already existing laws.

16th: Medical marijuana user, advocate and owner of three collectives in southern California.  Large amounts of money but not profit.  It’s all recirculated back into the cooperative. We obey laws. There are ways to keep the illicit element out of the picture. But everything on the ballot tonight, it’s just ridiculous.

17th: Who here has read 215, 420 and the guidelines?  Raise your hands.  (Mayor declines engagement of the audience — not done.)  Seems to be a lack of knowledge about this issue. And there seems to be a complete disregard — it’s perceived that you’ve made up your minds, except for Missy McArthur or Mary Stegall.  You haven’t read 250 and 420?  Shame on you.  It’s an ignorance issue.  You don’t even know what a clone is. The marijuana community here and throughout California is becoming more and more aware, organized and political.  There’s a huge organization that votes. I implore the council to extend the moratorium until such a time they can explore, study and be thoughtful about what they’re doing here.

18th: Concerned about the daily-cash-deposit element of the regulations.  Also, and a double cancer survivor and did it with the use of conventional medicine. If there had been a reasonable, legal medical marijuana in ‘71 and ‘76, I might have tried it, but I’m of the mind there’s no true medical value of marijuana. It’s capitalism, which is OK. Regulate it, monitor it.

19th: Concerned about only-dried-no-clones rule and the one-collective-per-member-only rule.  It’s not practical and too restrictive on patients and collectives. Also, I’m using the industrial strength carbon filter and it’s really helping with the smell.

9:48 p.m. Back to council….

Questions and clarifications re Prop 215 and the council’s education about it (i.e., they are fully informed)…

Also a mention by Stegall about the feeling that the police being in charge of oversight casts a criminal light onto legal shops and patients.  Chief says police have a great deal of experience helping with code enforcement and dealing with what’s medicinal and what isn’t.  Very clear on what complies and what doesn’t.

At least initially, it makes sense for police to take on the coordination.

Dickerson: We have to ask ourselves what’s the purpose of regulating it at all?  Answer: to make sure the law is followed.  Who better than the police department to enforce drug laws? It’s a police function. (Dickerson had a career in law enforcement.)

Jones: Nothing tonight has changed my opinion. This still is in violation of federal law. I don’t get to pick and choose which laws to abide by.  Simply because the new administration isn’t enforcing the federal law doesn’t mean it isn’t there.  The ordinance is in violation of federal law. Will not support the re-introduction of this ordinance.

Bosetti: This is my last meeting as mayor. I’ll go last.

McArthur:  I believe we do need an ordinance, and everybody else in the room does too, on both sides.  But ‘act in haste, repent at your leisure’ still stands. We have eight changes in two weeks. … To act now seems to me just premature. I  want it to be done right. I’m fiscally very conservative, and I hear there are two attorneys in our little city ready to come on, then, yeah, if you’re a businessperson, you’re going to take it seriously if somebody is going to sue you, and on behalf of the city take this seriously. I will keep that moratorium in place until the end of time… Let’s do the ordinance right. Also: If there’s any way to tax you all, I’ll be looking for it.  Last thing, I’m concerned about the amount of finances that will go to enforcing this ordinance.  (Already 50 hours researching it by the police chief and the city attorney.)  I’d rather at this time have cops out on  the beat.

Dickerson: I’m in full support of the ordinance as it’s written.  There might be lawsuits from an ongoing moratorium, too.  Everybody has worked diligently to research it, and we have the results. It’s a workable, defendable ordinance in court.

Stegall:  We’re not ever going to get this right down to the dot without trying it for awhile. We need to get an ordinance in place. Proud of city staff work. We can revisit ordinance as we go along. Other cities will look to this ordinance as a boilerplate.

Bosetti:  I was very open about my feelings about this. I want to eliminate the abuse. There will be ample opportunity for the people who need their medicine to get their medicine.  We need to address the abuse. I’m in full support of the motion/ordinance.

Vote: Ordinance passes 3-2.