• LEZLIE STERLING / lsterling@sacbee.com

    Ryan Landers, left, sniffs marijuana samples while Randy Hubbard, center, pays manager Chris Stover for medical marijuana at the El Camino Wellness Center dispensary in Sacramento. Landers uses pot to help cope with nausea from AIDS medication.

  • LEZLIE STERLING / lsterling@sacbee.com

  • LEZLIE STERLING / lsterling@sacbee.com

    Carrie Harmon, 37, of Pine Grove gets her order for medical marijuana filled monthly at the El Camino Wellness Center in Sacramento, spending nearly $700 for pot as an alternative to the pills doctors prescribed for her migraines, back pain and mental health issues.

More Information

  • Full Slideshow
  • New pot businesses barred while city considers rules
  • Sacramento considers moratorium on medical pot shops
  • • Federal – Categorized as a Schedule I drug and considered illegal. However, U.S. Attorney General Eric Holder said in March that the Justice Department will not prosecute medical marijuana dispensaries operating legally under state laws of California and a dozen other states where the drug is deemed legal for medical purposes.

    • State – Legalized for medical purposes by Proposition 215 in 1996. Broadened in 2004 with SB 420, allowing patients to cultivate marijuana plants collectively and establishing a statewide voluntary ID card system. In August 2008, Attorney General Jerry Brown created guidelines for dispensaries' compliance with legality in the state.

    • City of Sacramento – Has no mention of medical pot dispensaries in zoning codes. To date, city police have followed a "reactive" policy, meaning that enforcement is prompted by public complaints.
Capitol and California - State Politics
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Attitudes change; pot dispensaries multiply

Published: Thursday, Jul. 9, 2009 - 12:00 am | Page 1A

With a hard-line stance against marijuana crumbling at almost every level of government, advocates of the drug are pushing beyond legality for societal acceptance.

There are about 30 medical marijuana dispensaries in Sacramento that distribute cannabis to patients with conditions ranging from cancer to anorexia who have a letter from their doctor. According to those in the business, half have opened in the last six months, a result of the Obama administration vowing not to prosecute dispensaries if they're abiding by state laws.

The rapid growth has prompted dispensary operators and local activists to call city officials, asking for more oversight, even if it results in extra taxes or regulations. For some, it's an effort to curb skyrocketing competition. Many hope oversight will unmask a business they say should be as normal as a Rite-Aid.

"It would legitimize us in a big way," said Cody Bass, co-director of Capitol Wellness Collective in midtown. "And it would keep out a lot of different elements we don't want involved – we don't want any Joe Schmoe selling marijuana to a 16-year-old kid just to make rent that month."

Gov. Arnold Schwarzenegger said in May that it's time for California to study whether to legalize and tax marijuana for recreational use.

A national marijuana advocacy group launched an ad campaign Wednesday in California's major television markets proposing that as a solution to the state's budget crisis. Some stations have said they will not air the 30-second ad, in which Fair Oaks resident Nadene Herndon contends that taxes could help offset cuts faced by schools, health care and police.

"We have a major problem in California with our budget," said Herndon, 58, a former state analyst who started eating marijuana-infused treats after a series of strokes three years ago left her with shoulder spasms. "We need to explore other alternatives."

Less than three years ago, Sacramento had five medicinal pot establishments. City leaders acknowledge they haven't tracked how many operate today, or even when they opened, because most are described in city paperwork with vague terms such as "holistic medicine" or "wellness center."

Sacramento city codes don't mention medical marijuana dispensaries. And the Sacramento Police Department has left their oversight up to the U.S. Drug Enforcement Administration, said Sgt. Norm Leong. Local police contact the businesses only when crimes are reported at them, which has been minimal, Leong said.

The City Council is considering a temporary ban on new dispensaries so it can study the industry and decide whether to incorporate medical marijuana stores into zoning codes.

"The goal here is to look at the medical marijuana businesses, look at the zoning laws and work to regulate them so they don't proliferate," said Councilwoman Sandy Sheedy, who likened the effort to the recent regulation of cash- advance businesses.

The West Sacramento City Council was expected to vote late Wednesday night on a 45-day moratorium on dispensaries there. There aren't any operating yet in the city, but planning officials say they have received several inquiries. The moratorium would give them time to update codes and regulations to govern the businesses.

"I want safe medicines to get to patients in a safe manner," said Ryan Landers, a medical marijuana activist.

Landers has pushed for oversight on where dispensaries are located in Sacramento, their procedures and quality, addressing the City Council during public comments at a meeting about two and a half years ago, he said.

In the meantime, Landers spearheads self-regulation.

An operator a half block from child-friendly McKinley Park recently moved to a new location. Another selected a spot outside tourist-heavy Old Sacramento. And Landers has questioned delivery-only services, not associated with actual storefronts, about quality issues such as storage, he said.

Landers, 37, discovered he had AIDS in 1995, likely a result of a back-alley tattoo he got at 16, he said. The pills he takes make him nauseous, and pot helps. Regular use means he doesn't get buzzed or stoned from the copious amount he smokes, he said.


Call The Bee's Gina Kim, (916) 321-1228.


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