Modesto Cannabis Dispensary Laws

The Modesto City Council is preparing to vote on new cannabis rules, but the dispensaries that will sell it are waiting.

The council is scheduled to vote on Tuesday on an ordinance that would require pot shops to be at least 600 feet from each other, schools, parks and churches.

Trying to keep pot shops out of neighborhoods and away from schools was a major issue in last year's election.

Marijuana advocates are unhappy with the proposed 600-foot buffer zones between dispensaries, saying they will make it hard to find places to open stores.

Currently there are two stores operating in Modesto. One is just off a main street and within the buffer zone. The other is not far away but in a place where there are fewer neighbors who might oppose it.

California's new medical marijuana law, Proposition 215, became effective on Nov. 6, 1996.

It allows patients with a doctor's recommendation to possess and cultivate marijuana for personal medical use.

In late 1997 the state legislature enacted Senate Bill 420 to clarify Prop. 215 and its intent of helping patients and those in need of relief from their suffering. These laws are interpreted by local governments in the form of ordinances, resolutions and policies.

California's new medical marijuana law, which takes effect Jan. 1, states that cities and counties can ban dispensaries but not cultivation of the plant.

Pro-pot activists have pushed for passage of the Medical Marijuana Regulation and Safety Act, which requires local governments to regulate shops in their jurisdictions. However, most cities have voted to ban storefront sales because they say marijuana remains illegal under federal law.

However, the new state law allows local governments to regulate — not ban — commercial pot-growing operations in their jurisdictions. That means a city or county can require pot growers in its area to obtain permits and pay taxes just like any other business owner.

A handful of cities are considering cultivation ordinances, including Merced and San Diego. Others are expected to follow suit in coming months as a new harvest season approaches.

"The cities are going to be on a collision course with the state," said Dale Gieringer, state coordinator for the National Organization for the Reform of Marijuana Laws (NORML). "But it's better than nothing."