Jacob Redmond
Well-Known Member
The businessman who wants to open a marijuana dispensary on NW Galveston Avenue on Thursday said he made improvements to the building required by the Oregon Health Authority and is waiting on a site visit and a certificate to do business.
Sam Stapleton, owner of DiamondTREE, a dispensary on U.S. Highway 20, in Bend, is moving forward with plans for a second medical marijuana dispensary at 1233 NW Galveston Ave. The shop would be the first on the city's west side and could open as early as June, he said. He and the property owner, Galveston Brothers LLC, are working on changes to the site required by the city of Bend, they said.
"A few of the other property owners, I know there's some opposition," Stapleton said earlier in the week. "I want to think they might be a minority."
One, John Lucey, lives on NW Fresno Avenue. The rear of his home is only a few feet from the rear of the proposed dispensary across an alley between NW Fresno and NW Galveston avenues. Lucey, a land surveyor, said he plans to contest the license, if the OHA issues one to Stapleton. His case may rest in the definition of the 1,000-foot buffer zone the state requires between marijuana dispensaries and public schools.
"I still feel I have a strong argument," Lucey said Thursday. "Let the court figure it out."
The distance from the nearest point on the Westside Village Magnet School property line on NW 12th Street to the front door of 1233 NW Galveston, which is owned by Galveston Brothers LLC, is 1,002 feet, just outside the buffer zone, according to Lucey's own measurement and a survey done for DiamondTREE. But Lucey measured the distance from property line to property line to be 975.97 feet, just inside the zone.
Lucey argues the OHA regulations require the measure be made from the nearest point on the premises, which he interprets as the closest point on the property that's accessible to the public.
State law indicates Lucey would have to take his case to Deschutes County Circuit Court, wrote Jonathan Modie, OHA spokesman, in an email Tuesday. "An individual would have to show that he or she was 'adversely affected or aggrieved'" by the agency order granting Stapleton a license, he wrote.
Lucey said he objects to the presence of a marijuana dispensary so close to a school and to the Westside Shorty's preschool and day care, which is across the alley and a short distance from 1233 NW Galveston Ave. The regulation on buffer zones does not include day care facilities. The father of a 2-year-old son, Lucey said he feels a marijuana dispensary, which could become a recreational marijuana outlet, would detract from a family-friendly neighborhood already concerned about the number of businesses selling alcohol along or near the street. Some dispensary owners in Bend, including Stapleton, said they would consider selling both recreational and medicinal marijuana if the law ultimately allows them to do that.
Stapleton is still making other improvements the city requires of a retail business, such as installing a sidewalk and ensuring adequate parking. The Bend Community Development Department is reviewing his plans and requesting changes to it before issuing Stapleton a building permit. One of the property owners, Mike Plunkett, of Galveston Brothers, applied April 9 to change the property use from a residence to a retail shop. The applicant has 180 days to change the plan based on city input. The application can be renewed for up to a year, according to the department.
Stapleton obtained a provisional license from OHA in February to install the security system required of marijuana dispensaries. It expired Tuesday. He may reapply for a provisional license if the agency finds his improvements need work, or OHA may approve the facility and grant him a certificate of registration. Thirteen dispensaries already operate in Bend.
Possession of marijuana for recreational purposes becomes legal in Oregon on July 1. Retail sales are expected to commence in late 2016, although the Oregon Liquor Control Commission, tasked with regulating recreational marijuana sales, must begin accepting license applications by Jan. 4, according to Measure 91. Oregon voters approved the measure, which legalizes recreational marijuana, in November.
The OLCC is still drafting rules for recreational marijuana and the Legislature in the meantime could alter the status of medical marijuana sales. Stapleton said he would consider selling recreational marijuana if the law eventually allows it.
"It's completely up in the air for us," he said. "We're trying to move forward as best as we can."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana dispensary plans moving forward; Neighbor plans court contest over license
Author: Joseph Ditzler
Contact: Contact Us
Photo Credit: Ryan Brennecke / The Bulletin
Website: Bend & Central Oregon Local News, Sports, Weather, and Lifestyle
Sam Stapleton, owner of DiamondTREE, a dispensary on U.S. Highway 20, in Bend, is moving forward with plans for a second medical marijuana dispensary at 1233 NW Galveston Ave. The shop would be the first on the city's west side and could open as early as June, he said. He and the property owner, Galveston Brothers LLC, are working on changes to the site required by the city of Bend, they said.
"A few of the other property owners, I know there's some opposition," Stapleton said earlier in the week. "I want to think they might be a minority."
One, John Lucey, lives on NW Fresno Avenue. The rear of his home is only a few feet from the rear of the proposed dispensary across an alley between NW Fresno and NW Galveston avenues. Lucey, a land surveyor, said he plans to contest the license, if the OHA issues one to Stapleton. His case may rest in the definition of the 1,000-foot buffer zone the state requires between marijuana dispensaries and public schools.
"I still feel I have a strong argument," Lucey said Thursday. "Let the court figure it out."
The distance from the nearest point on the Westside Village Magnet School property line on NW 12th Street to the front door of 1233 NW Galveston, which is owned by Galveston Brothers LLC, is 1,002 feet, just outside the buffer zone, according to Lucey's own measurement and a survey done for DiamondTREE. But Lucey measured the distance from property line to property line to be 975.97 feet, just inside the zone.
Lucey argues the OHA regulations require the measure be made from the nearest point on the premises, which he interprets as the closest point on the property that's accessible to the public.
State law indicates Lucey would have to take his case to Deschutes County Circuit Court, wrote Jonathan Modie, OHA spokesman, in an email Tuesday. "An individual would have to show that he or she was 'adversely affected or aggrieved'" by the agency order granting Stapleton a license, he wrote.
Lucey said he objects to the presence of a marijuana dispensary so close to a school and to the Westside Shorty's preschool and day care, which is across the alley and a short distance from 1233 NW Galveston Ave. The regulation on buffer zones does not include day care facilities. The father of a 2-year-old son, Lucey said he feels a marijuana dispensary, which could become a recreational marijuana outlet, would detract from a family-friendly neighborhood already concerned about the number of businesses selling alcohol along or near the street. Some dispensary owners in Bend, including Stapleton, said they would consider selling both recreational and medicinal marijuana if the law ultimately allows them to do that.
Stapleton is still making other improvements the city requires of a retail business, such as installing a sidewalk and ensuring adequate parking. The Bend Community Development Department is reviewing his plans and requesting changes to it before issuing Stapleton a building permit. One of the property owners, Mike Plunkett, of Galveston Brothers, applied April 9 to change the property use from a residence to a retail shop. The applicant has 180 days to change the plan based on city input. The application can be renewed for up to a year, according to the department.
Stapleton obtained a provisional license from OHA in February to install the security system required of marijuana dispensaries. It expired Tuesday. He may reapply for a provisional license if the agency finds his improvements need work, or OHA may approve the facility and grant him a certificate of registration. Thirteen dispensaries already operate in Bend.
Possession of marijuana for recreational purposes becomes legal in Oregon on July 1. Retail sales are expected to commence in late 2016, although the Oregon Liquor Control Commission, tasked with regulating recreational marijuana sales, must begin accepting license applications by Jan. 4, according to Measure 91. Oregon voters approved the measure, which legalizes recreational marijuana, in November.
The OLCC is still drafting rules for recreational marijuana and the Legislature in the meantime could alter the status of medical marijuana sales. Stapleton said he would consider selling recreational marijuana if the law eventually allows it.
"It's completely up in the air for us," he said. "We're trying to move forward as best as we can."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana dispensary plans moving forward; Neighbor plans court contest over license
Author: Joseph Ditzler
Contact: Contact Us
Photo Credit: Ryan Brennecke / The Bulletin
Website: Bend & Central Oregon Local News, Sports, Weather, and Lifestyle
