Marin officials: Grand jury medical marijuana plan a pipe dream

By Nels Johnson, Marin Independent Journal -

A Marin County Civil Grand Jury report urging that county officials ensure medical marijuana is available for those who need it went the way its title predicted this week: up in smoke.

The jury urged that the Board of Supervisors use "its authority to uphold access to medical marijuana within the county," develop "a viable set of ordinances" allowing medical marijuana dispensaries in unincorporated areas, and direct health officials to establish standards for edible pot confections.

County officials indicated that the jury's recommendations were pretty much a pipe dream in light of a federal crackdown on dispensaries, but agreed to "continue to explore ways the county can support the intent of our voters."

In 1996, Proposition 215, the "Compassionate Use Act" — a measure which was supposed to make medicinal marijuana available — was endorsed by 73 percent of Marin voters.

The county board, in responding to the jury report this week, did not elaborate on how it would "explore" support of Proposition 215, but noted state law allows marijuana patients to form collectives to get pot and to grow their own plants.

The county board flatly rejected the jury's call to establish ordinances allowing pot dispensaries, or to develop standards for edible marijuana products.

"Given the federal law and recent enforcement actions, we are not taking action to change our land use and zoning codes for the permitting of marijuana dispensaries," the board agreed.

Supervisor Steve Kinsey said the federal government's position on pot is short-sighted. He added the Obama administration is "missing an opportunity to be a partner in this." Kinsey said a "future crisis" looms for marijuana patients because the last remaining marijuana dispensary in Marin, Marin Holistic Solutions in Corte Madera, loses its lease next year.

The grand jury's report noted that while dispensaries once operated in Novato, Kentfield, Sausalito, San Rafael, Fairfax and Corte Madera, all but one have been closed "by the passing of moratoriums and bans by local governments or under the threat of forfeiture by the federal government."

As a result, "safe access for patients who are medically approved to use marijuana is no longer ensured," the panel warned.

The jury report, which borrowed its title from the Cheech and Chong movie "Up in Smoke," included a disclaimer of sorts: "This report is not to be construed as advocating the use of marijuana for recreational purposes; this is not the grand jury's recommendation."