Mayor Chuck Reed put out a memo Friday calling on the city to kill its medical marijuana ordinance in light of recent developments.
According to the memo, Reed recommends rescinding the city’s ordinance for a year as the California Supreme Court reviews four cases that deal with the interpretation of state law relating to medical marijuana collectives. Reed told San Jose Inside that the court’s decision as well as a potential ballot initiative that could go before voters in November made it clear that he and city officials should devote the next 10 months to other issues.
“We’re just in a position where we can’t fix this without some clarification on this unsettled area of the law,” Reed said. “It’s just impossible for local government to do. So, we’re just going to have to wait.”
Since November, when collectives and medical marijuana supporters succeeded in collecting enough signatures for putting a referendum on the ballot, city officials have been working on a compromise with the pot clubs. Those talks aren’t expected to continue now.
“Having spent a month or so working with industry representatives and my staff trying to come up with an ordinance that would be significantly different than the ordinance we approved—because we have this referendum and you can’t just pass the same thing again—I think it’s impossible for local government to craft an ordinance that complies with state law and meets the needs of the business model of the industry,” Reed said. “I don’t think it can be done. We’re just going to have to wait until somebody changes the rules. Either it’s the Supreme Court that tells us some of the cases need to be interpreted differently or the Legislature does something or we get a statewide ballot measure.”
The city will continue to collect taxes on collectives, but it will not raise the rate on gross receipts from 7 to 10 percent. According to Reed’s memo, “the City’s enforcement efforts should be based on tax compliance, proximity to schools, residential areas or other sensitive areas, and nuisance activities.”
Amazing! The Mayor is not sure about ” The Interpretation of state law relating to Medical Marijuana Collectives”. so Lets hold off , so as not to make a mistake! He spent a month with industry reps. yet cant spend any real time or effort to deal with City Employees. Could you be more Arrogant? Mayor Greed is moving forward with trying to eliminate Council pensions that amounts to more grandstanding. it is illegal and will cost big money to do. Mayor Greed is also moving forward with an ILLEGAL Ballot measure on “PENSION REFORM” .This measure will cost the City of San Jose Millions of dollars in court costs……….Only to be Defeated in court! Vested rights cant be touched without employee approval. City workers have more than met the Mayors demands only to be told over and over again “Its not enough”. Pension is needed , But can be done correctly and legally with city and worker cooperation. So Far it only seems like the Employees are the only ones willing to negotiate/ cooperate.All the while the mayor Gives away valuable real estate to a Billionaire!Fails to let the public know that he and Council in reality are also the Redevelopment Agency ,the Diridon Development Agency, and Not least the Financing Authority. all of these agencies are critical for the city…….Does it seem right to anybody that all of these positions be filled with the same individuals? do you think that there might be a conflict of interest? this Mayor is also pushing for continued addition of Low income housing that this city does not need. Only to help out his developer buddies Swensen, Sobrato , and McEnery. This Mayor is as crooked as they come, please San Jose start educating yourselves.Do not go gently!
could not have said it better, thank you!
It makes little difference what municipalities do, or what the Californai Supreme Court does, as long as the Feds keep saying that weed is illegal under US law.
The entire matter is a waste of California judicial time as long as the Feds. keep saying that weed is illegal under US law.
The “medical marijuana” issue is a complete joke. The “collectives” have sham doctors granting BS “prescriptions” so a bunch of stoners can get stoned.
I got no problem with folks gettin’ stoned. From my perspective, we need to legalize simple possession and personal use, remove the BS “collectives” and the huge profits from the system; but punish those who do bad things while under the influence more harshly.
Thank you John Michael for stating the obvious. It is high time to fully legalize the use of marijuana by adult citizens. Neither alcohol, marijuana or any type of drug use/abuse should be used as an excuse to mitigate criminal liability.
In a democracy, it makes ALL the difference. We repudiate the damned lie that is Schedule I Cannabis.
You think medicinal cannabis is a joke? Go search out “Storm Crow’s List” and get an education.
“business model of the industry”
Hilarious.
“Reed told San Jose Inside that … he and city officials should devote the next 10 months to other issues.”
Other issues? Let me guess…
– Affordable housing
– Outdoor smoking
– Banning plastic bottles
The truth is Figone is anti Pot .. that is it …
When has Reed followed a laws that could earn him big dollars. The only time he follows a law is when he is caught like the check gate or his travel scam. Once he was told his actions might result in criminal charges then he returned the funds and said he lacked the intent. I think he called it an oppsie !!!!
The reality is policing pot is a waste of money the only real scam going on here now is they cant decide how exactly they will get their cut. My guess is some group that Chuck supports needs more time to get in place so they can cash in. If it were about a law Reed would do what he wants and say he is a smart lawyer able to talk his way around any law. The reality is he is correct so far he has out run the cops fire and the DA’s office. Well maybe the DA’s office is really on his side since they will not lift a finger against Chuck and Figone. As we watch more and more tax dollars go down the drain.
right now if you want pot all you have to do is see the POT Doc twenty minutes latter you have a card. You can buy it almost anywhere even have it dropped off at your door step. if the world were going to end because of weed it would be ending now. San Jose may come to and end one day but not because of Weed because or Reed and his scams. maybe he can grow pot in his ballpark on the off season… it can be called Weed stadium home of the Greed.
If these allegations and others posted on “San Jose Inside” have merit file a complaint with Santa Clara County DA’s office Governmental Integrity Unit.
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Question #6
DA Rosen, Please explain the mission of the Governmental Integrity Unit. Does this unit actively monitor government for corruption and or illegal acts? Does this unit self initiate investigations? What is the expertise and background of those assigned to this unit?
— Governmental Integrity Unit
Dear Governmental Integrity Unit,
One of my signature accomplishments this year was creating a dedicated Public Integrity Unit. The unit both initiates investigations and takes referrals from other law enforcement agencies. Deputy District Attorney John Chase heads the unit and works closely with specially-dedicated District Attorney Investigators. John Chase is a veteran prosecutor with numerous successes in the prosecution of white collar and violent felonies.
The Public Integrity Unit supervises the investigation of cases involving corruption of public officials and employees in their official capacities or in the performance of their duties. It also initiates criminal charges when appropriate, generally by grand jury indictment. These crimes include theft, embezzlement or misappropriation of public funds; and removal, alteration, destruction or falsification of public records. The unit also enforces the provisions of the Political Reform Act, relating to campaign filings and practices, and the Elections Code. The unit reviews issues relating to the open public meeting law (Brown Act).
I believe that Adlai E. Stevenson said: “Public confidence in the integrity of the Government is indispensable.” I share his opinion.
Yours truly,
Jeff Rosen
DISGUSTED SAN JOSE RESIDENT
I don’t question your allegations however posting online anonymously will no doubt fall on deaf ears.
If you have evidence of illegal activity by public officials present it to the District Attorney’s office. I have full confidence in SCC DA’s office.
If you are not comfortable locally perhaps another reader can advise how to contact State or Federal prosecutors.
John Chase is a joke. He wouldn’t prosecute attorneys committing perjury in Santa Clara family court. His definition of a “temporary job being a job that did not last forever” is for the anthology.
http://feedalawyer.files.wordpress.com/2012/02/dda-john-chase-letter.jpg
http://feedalawyer.wordpress.com/2011/09/13/da-da-da/
Just….
Follow the money… Fill up the jails and tax the Hell out of the general public to warehouse these new and unsuspecting “criminals”. Then when these kids get out, make ‘em go to Prop. 36 – or now the more refined P.C. 1210 – make them come to “our side, or else!”
No wonder law enforcement is scared; I read their posts all the time. I was a member of law enforcement and consider the Oath of Office I took still sacred. I also respect “To Protect and to Serve” – can officers really expect the public to help them out when they violate these two very basic edicts?
The “organizational bias” between law enforcement officers and the Court system must give in; do something drastic – like “surrender” to that ol’ fairy tale called the “Will of the People”.
I do not have the desire to nor have I ever used marijuana…but I think they ought to just legalize it for use within a person’s private dwelling. I do not think it is any worse than alcohol. Drunk is drunk, whether you smoke the substance or drink it. Legalize it and profit from the taxes which will bring the city up out of the mess they are in.
I find it odd that at the same time San Jose is saying it cannot regulate medical marijuana Oakland has just approved 4 new dispensaries in order to support the local tax base!
This is why all city servants won’t play their role: the feds have pointed out that those entities what foster and play a hand in entities which are illeagal federally, may be subject to prosecution under the Rico Act.
Therefore cold feet abound. Ev en taking tax from remaining dispenseries could be construed to be part of this fed slant in the schem of it all.
Speaking of spinning his wheels…The California Attorney General, Independent Legislative Analyst, former City Attorney, legal defeat of Orange County and 70 years of case law all tell the Mayor that his pension-reform ballot measure is illegal, yet he presses ahead. The unions are proposing lawful pension reforms, but alas the Mayor is directing the administration to stymie negotiations so his signature measure can go to the voters. He himself has said that much of the measure will most likely be struck down by the courts. Why does he continue? Because negotiated reforms don’t get you coverage in Vanity Fair and the Wall Street Journal. In San Francisco, Mayor Lee rolled-up his sleeves and crafted a lawful pension reform measure with his unions. Why can’t our mayor do that? Two things stand in his way: his ego and a serious lack of true leadership ability. The folly of the Board of Supes in Orange County is costing taxpayers millions and San Jose is heading down the same, but avoidable path.
The marijuana dispensary issue has been a colossal waste of time for the City Council and staff. Is it really that complicated? I’m sorry but this just leaves the impression that the Council as a whole is dysfunctional and incompetent. Could some reasonable rules and action earlier on have precluded this saga? How can you spend so many man hours on an issue and come up with bubkis?
Though I’m dismayed by the totally inept way the council dealt with this issue (for THREE YEARS!), the Mayor’s ending statement, “the City’s enforcement efforts should be based on tax compliance, proximity to schools, residential areas or other sensitive areas, and nuisance activities.” gives me hope that the real issues will be addressed. Move these places away from schools, homes and parks, and shut down the nuisance dispensaries.
unbelievable. three years and still no actual use permits for dispensaries and no zoning. after three years let’s just… let them keep doing whatever. what a waste of time. they could have passed an ordinance in an hour back in 2009, or 2000, or wait for it…. 1997 just a few MONTHS after prop 215 passed:
http://ndsn.org/mayjun97/sanjose.html
http://www.drugpolicy.org/docUploads/santaclaraord.pdf
Can someone PLEASE tell me what happened to this ORIGINAL TIMELY 1997 ordinance?
I submitted the original 1997 ordinance on March 9, 2011 at the rules committee meeting, they said they would put it on the record but it is not in the minutes:
http://www.sanjoseca.gov/clerk/Agenda/20110614/20110614_0203j.pdf