Hoping to fill the void left by the 1996 state medical marijuana law, the San Mateo City Council is considering an ordinance to regulate pot clubs.

The council is scheduled to study the idea and a draft ordinance at its Monday meeting, but it will make no formal decision. The ordinance would require medical marijuana dispensaries to register through the Police Department and meet certain security and business regulations. The council directed city staff to pursue such an ordinance after the Police Department and federal agents shut down three medical marijuana dispensaries approximately one year ago.

For the most part, the proposed ordinance would regulate the “collective” cultivation of medical marijuana. Collectives are places where people pool their money and time to grow marijuana in one central location. Dispensaries simply distribute and are already prohibited by law.

While state law allows collectives, it places few limits on the activity and some cities, like San Mateo, are taking steps to fill the void.

The ordinance would require collectives to register with the Police Department to prevent law enforcement mistakes by informing officers where lawful cultivation of marijuana is taking place, according to a report to be discussed Monday.

It would also require collective growers to obtain a license, so the city could adequately address neighborhood impact, according to the report.

People who grow marijuana on their own property for personal use will not be subject to the new requirements, according to the report.

The ordinance will establish conditions to address safety and security. The ordinance will prohibit advertising of the activity, smoking marijuana on site and sale of marijuana at the collective. It will require security lighting, alarms and that the marijuana be grown indoors, according to the report.

The ordinance will prohibit collectives from anywhere in the city but manufacturing and service commercial areas, according to the report.

City officials were asked to address medical marijuana collectives last year after three were shut down in raids that occurred Aug. 29, 2007.

Medical marijuana advocates gathered to protest the raids at a council meeting last year and asked for assistance in easily accessing medical marijuana. Some called on the council to pass a non-conformity ordinance that declares the city will not comply with federal law that prohibits all marijuana use.

California voters passed Proposition 215, the Compassionate Use Act, in 1996, allowing sick patients to either grow their own marijuana or have primary caregiver grow it for them. In 2003, the state legislature passed the Medical Marijuana Program Act to clarify vague portions of Proposition 215.

Cities remain stuck between the vague state law that allows medical marijuana and federal law that prohibits it.

Following last years raids, law enforcement officials claimed the clubs were not acting as collectives. Owners and directors of the clubs argued they are collectives because members are pooling their money for marijuana, providing a safe place to buy it and access to resources about using it.

The council will hold  a study session on the proposal at 5:30 p.m., Monday in Conference Room C, City Hall, 330 W. 20th Ave.

Dana Yates can be reached by e-mail: dana@smdailyjournal.com or by phone: (650) 344-5200 ext. 106.