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RECOMMENDATIONS ON DISPENSARY REGULATIONS Cannabis dispensaries have been operating successfully around California for a decade with very few problems. But since the legisla- ture and courts have acted to make their legality a matter of state law more than local tolerance, the question of how to implement appropriate zoning and business licensing is coming before local officials all across the state. What follows are recommendations on matters to consider, based on adopted code as well as ASA's extensive experience working with community leaders and elected officials. COMMUNITY OVERSIGHT In order to appropriately resolve conflict in the community and establish a process by which complaints and concerns can be reviewed, it can often be helpful to create a community oversight committee. Such com- mittees, if fair and balanced, can provide a means for the voices of all affected parties to be heard, and to quickly resolve problems. The Ukiah City Council created such a task force in 2005; what follows is how they defined the group: The Ukiah Medical Marijuana Review and Oversight Commission shall consist of seven members nominated and appointed pursuant to this section. The Mayor shall nominate three members to the commission, and the City Council shall appoint, by motion, four other members to the commission. Each nom- ination of the Mayor shall be subject to approval by the City Council, and shall be the subject of a public hearing and vote within 40 days. If the City Council fails to act on a may- oral nomination within 40 days of the date the nomination is transmitted to the Clerk of the City Council, the nominee shall be deemed approved. Appointments to the com- mission shall become effective on the date the City Council adopts a motion approving the nomination or on the 41st day following the date the mayoral nomination was trans- mitted to the Clerk of the City Council if the City Council fails to act upon the nomination prior to such date. Of the three members nominated by the Mayor, the Mayor shall nominate one mem- ber to represent the interests of City neigh- borhood associations or groups, one member to represent the interests of medical marijua- na patients, and one member to represent the interests of the law enforcement commu- nity. Of the four members of the commission appointed by the City Council, two members shall represent the interests of City neighbor- hood associations or groups, one member shall represent the interests of the medical marijuana community, and one member shall represent the interests of the public health community. DISPENSARIES REGULATIONS ARE BEST HANDLED THROUGH THE HEALTH OR PLANNING DEPARTMENTS, NOT LAW ENFORCEMENT AGENCIES Reason: To ensure that qualified patients, caregivers, and dispensaries are protected, general regulatory oversight duties -including permitting, record maintenance and related protocols -should be the responsibility of the local department of public health (DPH) or planning department. Given the statutory mission and responsibilities of DPH, it is the For more information, see wwwAmericansForSafeAccessorg or contact [he ASA office at 1-888-9Z9-4367 or 510-251-1856. 14