(fwd) SF City Attorney Dennis Herrera is trying to ban smoking marijuana within 1000 feet of schools

Chris Conrad is right - There is nothing in SB 420 to force the city to ban smoking within 1000 feet of schools. I say this as someone who attended the AG's Task Force meeting where this provision was written. Its intent was not to outlaw anything, but rather to ensure that SB 420 did not exempt patients from other anti-smoking regulations I tried to explain this to the City Attorney's office, but they wouldn't listen. Rob Raich and Terence Hallinan, who served on the Task Force, confirm my interpretation as set forth below.

\-  Dale Gieringer

   The San Francisco City Attorney's office contends that H&SC 11362\.79 obliges the city to prohibit smoking at facilities within  1000 feet of schools\.   

   We believe this interpretation is mistaken\.  The operative language in SB 420 reads as follows:

H&SC 11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:


(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.

   As written, this provision does NOT outlaw smoking;  rather, the operative language is that it does not "authorize" it\.  The intent of this provision \(as I understood it from the SB 420 Task Force meetings\) was to make it clear that the possession of a valid state ID card would not automatically protect patients from arrest if they were smoking within 1,000 feet of a school\.  This would prevent SB 420 from overturning local anti\-smoking ordinances, such as that in Sacramento County, which limit medical marijuana smoking\.  However, in no way would this oblige a city to prohibit patients from smoking there, nor prevent it from authorizing them to do so if it so chooses\. 

   At present, San Francisco specifically allows smoking in medical marijuana clubs under its anti\-smoking ordinance\.    Now, the city attorney is claiming that the city must enact a ban on smoking at clubs within 1000 feet of schools on account of SB 420\.  We think this is incorrect, and the current law is valid as stands\.