A California-based legal firm is trying to head off San Francisco's apparent attempt to violate not only state law but also its own ordinance.
San Francisco's Planning Commission has granted a conditional use permit to a medical marijuana dispensary set to peddle marijuana in the city's Sunset District. Brad Dacus, attorney and president of Pacific Justice Institute, is asking the commission to reconsider.
"We filed this appeal on behalf of the many, many parents in that community who don't want this kind of a marijuana center in their community," he explains.
"We also filed on behalf of a church and a preschool center. The law in California under the Health and Safety Act makes it very clear that such marijuana distribution centers cannot be within 600 feet of a place where children congregate."
In addition, the municipal code of San Francisco requires that marijuana dispensaries be located at least 1,000 feet away from areas where children gather for recreation or public school purposes.
"So the city has itself acknowledged the need for such protection," Dacus contends. "Now it's just a question of whether they're going to recognize the legal requirement."
Forty percent of residents within 300 feet of the proposed site have signed a petition to appeal the commission's decision. Those signatures comprise more than twice the number required for such an appeal.