Berkeley's newly adopted medical marijuana ordinance once again became the center of debate last night, when 180 patients, doctors, and activists protested the amount of legal possession. Protesters argued that the ordinance, passed by the Berkeley City Council in March, is too restrictive. The demonstration took place in front of Old City Hall an hour before the council meeting.
The current ordinance, which allows patients to grow up to 10 marijuana plants, makes Berkeley one of the 10 most restrictive cities in the state, protesters said. They upheld that the City Council has criminalized the medicinal use of marijuana, despite the implementation of Proposition 215, which legalized its use for medicinal purposes. Cities across the state have struggled to adopt similar ordinances since the proposition passed last fall.
Berkeley City Councilmember Kriss Worthington said the plant limit needs to be reviewed.
"(Ten) is an artificial number that doesn't seem to be based on any medical research," he said. "The issue will keep resurfacing until the people are satisfied."
Last March, patients who regularly use the drug for medicinal purposes strongly resisted the council's decision, arguing that it settled for a "conservative" amount. The sound of honking cars was constant last night, as protesters rallied with shouts of "Drug law kills, marijuana heals."
The Alliance of Berkeley Patients, a group of patients, doctors, and other community members, requested in a proposal to the council that the number of legal plants be increased to 48.
David Taylor, a spokesperson for the alliance, said the proposal was written by patients and reflects their needs.
"The Berkeley City Council is really coming out against medical marijuana patients," he said. "It's like the City Council is reinstituting the drug war in Berkeley."
Fred Medrano, director of health and human services for the city, said the ordinance is based on medical research done by the City Health Office, which estimates that 10 plants would be enough to yield the amount of marijuana necessary for three one-gram cigarettes a day.
Medrano noted that there is a provision in the ordinance that allows for an increase in the legal amount with a request from a physician.
The director of the Cannabis Buyers Co-op, Val Adase, said city health officials have ignored recommendations from the Berkeley Community Health Commission, which advocates a limit of 144 plants.
Adase said the increase in number of plants is needed because most growers are ill and unaware of how to properly cultivate the plants, especially during adverse weather conditions.
"Even if you had 48 plants, by the end of the growth period, because of bugs, mites, and mildew, you might have 20," she said.
Many patients also prefer to vaporize or cook the drug. These methods require much more cannabis than 10 plants, she said.
"It's just common sense," Adase said. "Ten plants puts everyone back on the street."
Medrano said the ordinance was crafted with public's safety in mind. The collective distribution centers located in residential areas pose threats to safety, he said, suggesting they would attract thieves.
Taylor said the restrictions could lead to more crime, because patients who run out of their legal stash would buy marijuana illegally.
"(The ordinance) is forcing patients to become criminals, pushing them back into the illicit market," he said.
Medrano cited the need to strike a balance between the possibility of inciting more crime with too much or too little medical marijuana.
"Everyone's objective is basically the same—to create reasonable access for people who need medical marijuana," he said. "That's really the primary goal here."
-- Anonymous, May 11, 2001