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The City Council adopted a Medical Marijuana Ordinance Tuesday that advocates called conservative and a disservice to the chronically ill, while city officials described it as responsible and mindful of public safety. 

Before 40 disappointed medical marijuana supporters, the council approved the Medical Marijuana Ordinance recommended by the city manager. The new ordinance will allow doctor-approved patients to grow up to 10 plants and have 2.5 pounds of dried marijuana in their possession at any time. Medical marijuana advocates supported an ordinance that would be similar to Oakland’s guidelines that allow individuals to grow as many as 144 plants and possess up to 6 pounds. 

The council voted three times before finally approving the city manager’s recommendation. The first two motions called for larger amounts. The first motion was for an individual to possess 6 pounds and no limit on the number of plants. The second motion was different only in that it limited the number of plants to 144. 

Both motions failed by a 5-4 vote with Mayor Shirley Dean, Vice Mayor Maudelle Shirek and Councilmembers Polly Armstrong, Betty Olds and Miriam Hawley voting in opposition.  

The recommendation that was finally adopted was approved by an 8-1 vote with Councilmember Dona Spring, who supported the larger amounts, voting against the motion. 

Councilmember Kriss Worthington said he will put the issue back on the agenda at the next meeting to try to increase the allowable numbers. 

When Spring cast her vote she said “I’m voting ‘no’ because what we have now is better than what we’re voting on.” 

Police spokesperson Lt. Russell Lopes said the current Berkeley policy is for officers to make decisions on a case-by-case basis. If officers discover 20 plants in a back yard, they can use their professional judgment to decide whether the plants are intended for medical or recreational use. Lopes said the policy requires a supervisor to evaluate the officers’ decision and determine whether the plants should be confiscated. 

The council’s decision settled 14 months of wrangling between city staff and the Community Health Commission over the allowable amounts for individuals. 

CMC Chair Mark Chekal said the commission recommended 144 plants and 6 pounds per individual because growing marijuana is a complex operation and there is no guarantee each crop will be successful. He said the higher amounts would provide patients with a better chance of having enough marijuana to take care of their medical needs. 

The city Health Officer Poki Stewart Namkung said the higher amounts were beyond the need of most patients. “Two and half pounds is a very generous dose,” she said. “The universal reaction I received from medical professionals to 6 pounds was astonishment.” 

Health and Human Services Director Fred Medrano said the 2.5 pound allowance was based on a dosage of three joints a day. He said the ordinance is flexible and can accommodate patients who need higher doses of marijuana provided they get approval from a doctor. 

“This ordinance does not set a limit,” he said. “There’s no real ceiling and that’s an important distinction to make.” 

Chekal argued, however, that doctors are reluctant to prescribe larger amounts because despite Proposition 215, which allows medical use of marijuana, it is still illegal and doctors are worried about their reputations. 

Police Chief Dash Butler told the council that approving larger amounts could encourage abuse. “There has to be a reasonable line drawn,” he said. “If not, we will undoubtedly have some type of violence.” 

The council report included three examples of home-invasion type robberies, which police claim were motivated by the presence of marijuana and cash. According to the report, a home invasion by two armed men on March 30, 2000 was at the home of a former director of a local cannabis club. 

The report estimates the street value of marijuana to be between $3,500 to $4,500 per pound. 

Chekal argued that most of the robberies involved drug dealers and that Oakland, which has had its policy since 1998, has not had any robberies or violence associated with its allowance of 144 plants and 6 pounds per patient. 

Armstrong drew cheers when she said it was her personal opinion that marijuana should be legalized, but the audience became quiet when she added that she supported the recommendation for the lower numbers of plants and less of the dried cannabis. 

“I don’t want Berkeley to become the Amsterdam of the East Bay,” she said, “Most of the people I spoke with said start in moderation and see how it goes. By nature I’m moderate so that sits well with me.” 

After the vote Director of the Cannabis Buyers Club Don Duncan said he was disappointed with the council’s decision. He said he felt the council voted for the more conservative amounts out of fear rather than compassion for the chronically ill.  

“We’re advising patients not to follow the ordinance,” he said. “We’re advocating zero compliance and encouraging patients to take care of their medical needs. I don’t want anybody to compromise their health because of arbitrary numbers set by the City Council.” 

Outside the Council Chambers, Worthington said he voted for the city manager’s recommendation in order to revisit the issue at the next City Council meeting. 

“I want to try and raise the numbers and in order to put the recommendation on the agenda I had to vote for the prevailing side,” he said. “I’m hopeful that when the community understands we came within one vote, they will continue to write letters and contact the their city councilmembers.”