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are not a permitted use in any of their zoning districts as a violation of federal law. Martinez has <br />adopted a permanent ordinance regulating the establishment of marijuana dispensaries. <br />The Counties of Alameda, Santa Clara, and San Francisco have enacted permanent ordinances <br />regulating the establishment of marijuana dispensaries. The Counties of Solano, Napa, and Marin <br />have enacted neither regulations nor bans. A brief overview of the regulations enacted in <br />neighboring counties follows. <br />A. Alameda County <br />Alameda County has a nineteen-page regulatory scheme which allows the operation of three <br />permitted dispensaries in unincorporated portions of the county. Dispensaries can only be located in <br />commercial or industrial zones, or their equivalent, and may not be located within 1,000 feet of other <br />dispensaries, schools, parks, playgrounds, drug recovery facilities, or recreation centers. Permit <br />issuance is controlled by the Sheriff, who is required to work with the Community Development <br />Agency and the Health Care Services agency to establish operating conditions for each applicant <br />prior to final selection. Adverse decisions can be appealed to the Sheriff and are ruled upon by the <br />same panel responsible for setting operating conditions. That panel's decision may be appealed to <br />the Board of Supervisors, whose decision is final (subject to writ review in the Superior Court per <br />CCP sec. 1094.5). Persons violating provisions of the ordinance are guilty of a misdemeanor. <br />B. Santa Clara County <br />In November of 1998, Santa Clara County passed an ordinance permitting dispensaries to exist in <br />unincorporated portions of the county with permits first sought and obtained from the Department of <br />Public Health. In spite of this regulation, neither the County Counsel nor the District Attorney's <br />Drug Unit Supervisor believes that Santa Clara County has had any marijuana dispensaries in <br />operation at least through 2006. <br />The only permitted activities are the on-site cultivation of medical marijuana and the distribution of <br />medical marijuana/medical marijuana food stuffs. No retail sales of any products are permitted at <br />the dispensary. Smoking, ingestion or consumption is also prohibited on site. All doctor <br />recommendations for medical marijuana must be verified by the County's Public Health <br />Department. <br />C. San Francisco County <br />In December of 2001, the Board of Supervisors passed Resolution No. 012006, declaring San <br />Francisco to be a "Sanctuary for Medical Cannabis." City voters passed Proposition S in 2002, <br />directing the city to explore the possibility of establishing a medical marijuana cultivation and <br />distribution program run by the city itself. <br />San Francisco dispensaries must apply for and receive a permit from the Department of Public <br />Health. They may only operate as a collective or cooperative, as defined by California Health and <br />Safety Code section 11362.7 (see discussion in section 4, under "California Law" above), and may <br />only sell or distribute marijuana to members. Cultivation, smoking, and making and selling food <br />products may be allowed. Permit applications are referred to the Departments of Planning, Building <br />Inspection, and Police. Criminal background checks are required but exemptions could still allow <br />the operation of dispensaries by individuals with prior convictions for violent felonies or who have <br />had prior permits suspended or revoked. Adverse decisions can be appealed to the Director of <br />© 2009 California Police Chiefs Assn. 25 All Rights Reserved <br />65A-86