San Jose Rescinds Pot Club Ordinance

Four collectives have closed under stricter rules from the city.

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    San Jose has rescinded some rules around how medical marijuana clubs operate within the city.

    The San Jose City Council agreed Thursday to rescind a medical marijuana ordinance that was passed five months ago and then repealed via a citizens' referendum.

    The decision to repeal the city's medical marijuana regulations was made on a recommendation by Mayor Chuck Reed and council members Sam Liccardo, Rose Herrera and Pierluigi Oliverio, who recommended that it would be better to wait until the state establishes a regulatory system.

    Until that happens, the council decided to focus enforcement efforts on collectives that are causing the most problems and generating complaints, including those that are not paying taxes and those that are too close to schools under state law.

    Thus far, four collectives have been closed for those reasons. James Anthony, chairman of the Citizens Coalition for Patient Care, a group of patients, collectives, and activists that led the campaign to repeal the ordinance, was one of nearly 10 people who addressed the council this afternoon.

    "Reluctantly, I find myself agreeing with the mayor's memo today that perhaps now is not the time for San Jose to craft a workable ordinance," Anthony said. "We are shifting our attention to the statewide level."

    The ordinance approved by the city council in September would have limited the number of medical marijuana collectives to 10 in limited commercial and industrial areas, implemented a first come, first served registration process, and restricted marijuana cultivation to on-site only.

    The council deferred action on Reed's proposal to raise the city's tax on medical marijuana collectives from 7 to 10 percent to pay for the cost of an election if the ordinance were to be placed on the ballot.

    Medical marijuana facilities are not currently allowed to operate in San Jose and those that have opened in recent years are doing so illegally.