22 ATTACHMENT 1 - Laserfiche WebLink

Cannabis Dispensing Collective (MCDC), often referred to as a "dispensary." Dispensaries are typically storefront facilities that provide med- ical cannabis and other services to patients in need. There are more than 200 dispensaries operating in California as of August 2006. Dispensaries operate with a closed member- shipthat allow only patients and caregivers to obtain cannabis and only after membership is approved (upon verification of patient docu- mentation). Many dispensaries offer on-site consumption, providing a safe and comfort- able place where patients can medicate. An increasing number of dispensaries offer addi- tional services for their patient membership, including such services as: massage, acupunc- ture, legal trainings, free meals, or counseling. Research on the social benefits for patients is discussed in the last section of this report. RATIONALE FOR CANNABIS DISPENSARIES While the Compassionate Use Act does not explicitly discuss medical cannabis dispen- saries, it calls for the federal and state govern- ments to "implement a plan to provide for the safe and affordable distribution of mari- juana to all patients in medical need of mari- juana." (Health & Safety Code ~ 11362.5) This portion of the law has been the basis for the development of compassionate, community- based systems of access for patients in various parts of California. In some cases, that has meant the creation of patient-run growing collectives that allow those with cultivation expertise to help other patients obtain medi- cine. In most cases, particularly in urban set- tings, that has meant the establishment of medical cannabis dispensing collectives, or dis- pensaries. These dispensaries are typically organized and run by groups of patients and their caregivers in a collective model of patient- directed health care that is becoming a model for the delivery of other health services. MEDICAL CANNABIS DISPENSARIES ARE LEGAL UNDER STATE LAW In an effort to clarify the voter initiative of 1996 and aid in its implementation across the state, the California legislature enacted Senate Bill 420 in 2004, which expressly states that qualified patients and primary caregivers may collectively or cooperatively cultivate cannabis for medical purposes (Cal. Health & Safety Code section 11362.775). This provision has been interpreted by the courts to mean that dispensing collectives, where patients may buy their medicine, are legal entities under state law. California's Third District Court of Appeal affirmed the legality of col- lectives and cooperatives in 2005 in the case of People v. Urziceanu, which held that SB 420, which the court called the Medical Marijuana Program Act (MMPA), provides col- lectives and cooperatives a defense to mari- juana distribution charges. Drawing from the Compassionate Use Act's directive to imple- ment aplan for the safe and affordable distri- bution of medical marijuana, the court found that the MMPA and its legalization of collec- tives and cooperatives represented the state government's initial response to this mandate. By expressly providing for reimbursement for marijuana and services in connection with col- lectivesand cooperatives, the Legislature has abrogated earlier cases, such as Trippett, Peron, and Young, and established a new defense for those who form and operate col- lectivesand cooperatives to dispense marijua- na. (See People v. Urziceanu (2005) 132 Cal.App.4th 747, 33 Cal.Rptr.2d 859, 881.) This new case law parallels the interpretation of SB 420 provided to the League of Cities last year by Berkeley Assistant City Attorney Matthew J. Orebic, in his presentation "Medical Marijuana: The conflict between California and federal law and its effect on local law enforcement and ordinances." As he states in that report: In the 2004 legislation, Section 11362.775 .. expressly allow[s] medical marijuana to be cultivated collectively by qualified patients and primary caregivers, and by necessary implication, distributed among the collective's members... Under the col- lective model, qualified patients who are unwilling or unable to cultivate marijuana For more information, see w~nnneAmencansForSafeACCess-org or contact the ASA office at 1-888-929-4367 or 510.251-1856. 5