Medical marijuana dispensaries are banned in unincorporated Santa Clara County until officials can more carefully weigh the impact of a permanent prohibition on “compassionate use” for illnesses such as AIDS and cancer patients against the adverse effects of marijuana access to adults and children, county staff said.
The Santa Clara County Board of Supervisors unanimously voted June 24 to place an immediate moratorium on the establishment of medial marijuana dispensaries.
“The County of Santa Clara is taking immediate and necessary action to prohibit the establishment of medical marijuana dispensaries in unincorporated Santa Clara County,” said Board President Mike Wasserman, who represents the county district that includes South County. “The immediate moratorium allows us time to create a permanent ordinance, and at the same time fully analyze the impact on medical access to marijuana for compassionate use.”
There are currently no medical marijuana collectives, cooperatives, or dispensaries operating within the unincorporated area of Santa Clara County, according to county staff. However, the county is concerned that the City of San Jose’s recently approved regulations that place new restrictions on the operation and location of dispensaries may result in a flight of medical marijuana applicants to establish sites within unincorporated areas.
“On the one hand we need to be respectful of people who have a significant medical need but at the same time what we’ve seen is that there are challenges in the schools,” said Supervisor Cindy Chavez, who championed the review of this issue. “Schools and youth advocates believe marijuana accessibility is causing a significant problem in schools where children are buying and selling marijuana.”
Dr. Sara Cody, County of Santa Clara Public Health Officer, said there are a number of medical conditions where the use of medical marijuana is therapeutic, including management of neuropathic pain and reducing spasticity associated with multiple sclerosis.
“Voters approved the Compassionate Use Act in 1996,” said Supervisor Joe Simitian. “In the absence of state guidance or regulation, counties and cities are going to have to step up. It’s long past time for reasonable regulation in this arena.”
Some of the delay is attributable to the fact that despite California’s law, the federal government still treats all aspects of marijuana as illegal, county staff noted.
Law enforcement and school officials have reported numerous instances of youth bringing marijuana acquired from dispensaries into schools, according to county staff. Additionally, children have been hospitalized due to complications from accidentally ingesting medical marijuana.
Amendments to the ordinance will be presented to the board and considered at the Aug. 5 supervisors meeting.
