The San Jose “draft urgency ordinance” as it will be presented on the 22nd.

http://www.sanjoseca.gov/clerk/Agenda/20100622/20100622_0310.pdf

The Good News:

• They removed residence requirements!
• They removed limits on members joining other collectives

The Concerns:

• Only 10 Collectives, picked by a lotto system run by the Chief of Police
• $95,016 registration fee
• Industrial will not be allowed
• Sensitive uses:  residential use, school, child day care center, church that includes a school or child day care use, community or recreation center, park, trail, library, substance abuse rehabilitation center or anotherMedical Marijuana Collective.
• “Commercial General Zoning District is the only zoning district for Collectives”
• “No collective shall possess or provide marijuana other than marijuana that was cultivated by the collective at the location”
• “No manufacture of concentrated cannabis is allowed”
• Hours of operation restrictions
• The Chief of Police and any other City Official are allowed to enter and inspect the collective and their records
• “Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of the draft ordinance must immediately cease operation”
• “Furthermore, no Medical Marijuana Collective, dispensary, operator, establishment, or provider that existed prior to the enactment of Part 8 of the draft urgency ordinance shall be deemed to be a legally established use and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status”

“The City Council may approve the proposed ordinances at the June 22nd City Council meeting. The second reading would occur on August 3, 2010. The ordinance would then be effective on September 3, 2010.”

How the lotto works:

Priority Order: The Chief of Police may hold one or more lotteries for the purpose of determining the priority order in which the Chief of Police will consider the registration forms submitted by collectives. Any collective that fills out the registration form for the drawing can participate in the drawing; provided it meets the requirements set forth in the ordinance and is not disqualified for specific reasons provided therein, such as having managers who are on parole for possession of a controlled substance or have a criminal record for certain violations of the penal code. The Chief of Police will set the deadlines for submittal and publish the date, time and place for the drawing, as well as the results of the drawing.

Next rally June 22nd from 12PM to 3PM, and will lead into the city council meeting..

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