> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # Still waiting to exhale in SM - URL: https://www.smdp.com/still-waiting-to-exhale-in-sm/ - Published: 2007-07-28T15:00:00.000Z - Updated: 2026-10-24T02:23:42.000Z - Author: Kevin Herrera - Tags: Health, Santa Monica, #archive-import *City planners work on report detailing how to deal with medical pot* CITY HALL Those looking to open medical marijuana dispensaries in Santa Monica should know where they stand next month when city planners complete a report on how best to regulate the controversial businesses, at least six of which in the Los Angeles area were raided by the DEA this week. Planning Manager Amanda Schachter said city staff has been studying other jurisdictions with dispensaries since February, trying to come up with options for the City Council to consider. Schachter said a report should be available by late August or early September and will focus heavily on zoning. Current zoning codes do not cover cannabis clubs and city officials are uncertain as to what they should classify a dispensary as. Is it a pharmacy or a doctor’s office, or is more like a business that sells medicinal herbs and other holistic remedies? City officials said they are not aware of any medical marijuana dispensaries operating in Santa Monica. There are more than a half-dozen in Venice and over 149 located within 20 miles of Santa Monica, according to the National Organization for the Reform of Marijuana Laws (NORML). The lack of any type of regulation of dispensaries in Santa Monica was brought to light in February when two former real estate agents, Nathan Hamilton and Logan Aries, went before the council requesting changes to zoning so that they could obtain a business permit to open a dispensary on Main Street, which they planned to call the So Cal Co-Op. The two wanted to serve at least 100 patients in Santa Monica who, at the time, had to drive or find another mode of transportation out of the city to get their medication. Marijuana has been shown to ease HIV-related nerve pain and reduce vomiting and nausea caused by cancer chemotherapy, however, its medical benefits are heavily disputed. At the time of their request, Hamilton and Aries said they had satisfied conditions set by the county and the state, rented an office and invested roughly $14,000\. All they needed was a business permit. Hamilton said that he and his partner had targeted Santa Monica because voters passed Measure Y in November 2006 which made the personal, private use of marijuana by adults the lowest law enforcement priority for the Santa Monica Police Department. Additionally, the measure requires the City Clerk to annually send letters to congressman and senators representing Santa Monica voters, to the Governor of California and to the President of the United States requesting that the state and federal governments enact similar laws. The measure passed with 65 percent of the vote, according to the city clerk’s office. Hamilton could not be reached for comment on whether or not he and his partner still have plans to open up shop. That may be difficult even if the council votes to allow dispensaries to operate on Main Street or any other area of the city. That’s because many property owners may be afraid to rent out space to a dispensary after the DEA sent out letters warning them that they can be arrested and forced to forfeit their land if convicted. Under federal law, “it shall be unlawful to knowingly and intentionally rent, lease, or make available for use, with or without compensation, a building, room or enclosure for the purpose of unlawfully manufacturing, storing, distributing or using a controlled substance,” the letter states. DEA agents warned property owners that they are not protected under Proposition 215, the state law that allows people to grow or possess marijuana if they have a prescription from a qualified physician. Patients and cannabis clubs are also not protected under the state law, DEA agents said, because federal law takes precedence and marijuana is still considered a dangerous drug under federal law. “Violation of this law is a felony crime and carries with it a penalty of up to 20 years in prison,” the letter states. DEA agents conducted at least six raids this week of medical marijuana dispensaries in Los Angeles County, where several hundred have sprouted up in the year since county supervisors approved an ordinance regulating these businesses. Under the law, which was approved in May 2006, dispensaries operating in unincorporated areas of the county cannot be located within 1,000 feet from a school, church, library or other “sensitive location.” The law also states that dispensaries must obtain a valid business license and obtain minor conditional use permits. They also must have adequate lighting, signs and a security system, and provide a contact phone number to neighbors in case of problems. A public hearing before the Regional Planning Commission is held if two or more nearby property owners protest. As for private consumption, those with a valid prescription are allowed to have six mature marijuana plants, or 12 immature plants and eight ounces of pot, according to Americans for Safe Access, a group dedicated to protecting the rights of medical marijuana patients. Santa Monica could chose to go the route of the county and set a 1,000-foot limit, or they could follow other municipalities, many of which set limits to how many plants and pounds of marijuana are allowed at a dispensary at any given time. The city of Berkeley allows patients to have 10 plants and 2.5 pounds of pot, and collectives up to 50 plants and 12.5 pounds at any given time. The Los Angeles City Council on Wednesday voted in favor of a moratorium on new dispensaries so that city staff could have time to draft regulations that would establish a permit process and guidelines for providers of medical marijuana. Three council members also sent a letter to the DEA asking the agency to stop raiding dispensaries and to “allow this City Council to continue the important work of regulating these facilities without federal interference.” That same day, the U.S. House of Representatives defeated a measure that would have blocked the Justice Department from spending money to prosecute people who use, prescribe, distribute or cultivate marijuana for medical purposes in states that permit it. The vote was 262- 165\. The measure attracted the most votes it has ever gotten, but for the fifth straight year fell far short of passage. Medical marijuana advocates have vowed to continue to fight despite losing another congressional vote. As for the Santa Monica City Council, a vote in favor or against the regulation of dispensaries could be a close one. During the discussion in February, two members of the council were not present to voice their opinion on the matter. Council member Bob Holbrook, a pharmacist, was heavily against dispensaries operating in the city while Mayor Richard Bloom said he wasn’t sure how he’d vote but was certain that medical marijuana was not at the top of his list of priorities. *Originally published in the Santa Monica Daily Press print edition on July 28, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/072807.pdf?ref=smdp.com)