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An operational permit for a Myrtletown medical marijuana dispensary is in danger of being revoked, according to Thursday's meeting agenda for the Humboldt County Planning Commission.
County planning staff are recommending that the Humboldt County Collective's conditional use permit -- issued Aug. 5, 2010 -- be revoked due to the business' failure to meet certain requirements outlined in the permit.
Concerns include the need for additional parking lot construction projects and the collective's inability to provide financial information documenting its operation as a nonprofit organization.
Humboldt County Planner Steve Lazar said Tuesday that county staff are also concerned about recent alleged criminal activity in regard to 42-year-old collective president Bill Byron, who was arrested April 5 in Pennsylvania on suspicion of marijuana trafficking, conspiracy and related offenses.
"He was the applicant on the project originally," Lazar said. "We think that does throw some concern into our evaluation."
Charges against Byron came a day after California Department of Justice agents served warrants at the collective. Byron allegedly shipped a package of marijuana to a false name at a home he was staying at in Pennsylvania.
Byron said Tuesday that the collective closed for about a month after his arrest, inhibiting the collective's ability to respond to the planning department's requests.
"At that time they had no resources to answer their questions or give them information," Byron said. "We've tried to work with the planning department, but due to the unfortunate timing we couldn't get everything back in time."
Since his arrest, Byron said, he has resigned as the president of the collective until his legal issues are resolved. He said the collective is under new management and that he's simply helping out during a transition period.
"I did this for the well-being of the collective and the patient base," Byron said.
He said the collective's patients -- numbering more than 1,100 -- are grateful that the store is open again following its month-long closure.
The collective currently has an open-ended permit, meaning there's no sunset date set by the county. However, the collective still has to submit an annual report proving that it has conformed to the permit's requirements.
According to a May report by planning staff, the collective needs to increase the width of the southernmost driveway on Myrtle Avenue to allow for two exit lanes and one entrance lane to the business. The collective did some striping work in March 2011, but the public works department deemed it inadequate.
Byron said public works approved the collective's striping plan. He said six months later, a different public works employee decided the work needed to be redone and the driveway widened.
"We are still trying to work with them," Byron said.
The other issue raised in the planning department's report is the lack of financial information detailing the collective's operation as a nonprofit organization. The report states staff met with collective representatives in late February, requesting financial documents. It states the collective's yearly report said "first-year operating costs have been high and that THCC continues to operate on a not-for-profit basis."
Byron said the collective didn't submit more detailed information because it was unclear whether the financial documents would become public record. He said the county counsel's office notified the collective last week that the financial records will be kept confidential.
"Now we're getting all that information to them," Byron said.
In addition to discussing the collective's permit, commissioners will discuss renewing a conditional use permit for another medical marijuana dispensary in Eureka.
Lazar said staff are recommending that the permit for the Hummingbird Healing Center be renewed. The center's permit was issued May 24, 2011, for a one-year term. Lazar said the county hasn't had any issues with the center.
"This next one we're recommending a two-year term (on the permit)," Lazar said.
The county currently has a moratorium on medical marijuana dispensaries that prohibits new dispensaries from opening in the county. However, the board of supervisors put a caveat in the moratorium allowing already operating dispensaries to renew their permits. A temporary moratorium was enacted Dec. 13, 2011, and extended for an additional 10 months on Jan. 24 in response to a recent federal crackdown on dispensaries.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: times-standard.com
Author: Megan Hansen
Contact: Contact Us - Times-Standard Online
Website: Permit for medical marijuana dispensary in jeopardy; county planning commission meets Thursday on issue - Times-Standard Online
County planning staff are recommending that the Humboldt County Collective's conditional use permit -- issued Aug. 5, 2010 -- be revoked due to the business' failure to meet certain requirements outlined in the permit.
Concerns include the need for additional parking lot construction projects and the collective's inability to provide financial information documenting its operation as a nonprofit organization.
Humboldt County Planner Steve Lazar said Tuesday that county staff are also concerned about recent alleged criminal activity in regard to 42-year-old collective president Bill Byron, who was arrested April 5 in Pennsylvania on suspicion of marijuana trafficking, conspiracy and related offenses.
"He was the applicant on the project originally," Lazar said. "We think that does throw some concern into our evaluation."
Charges against Byron came a day after California Department of Justice agents served warrants at the collective. Byron allegedly shipped a package of marijuana to a false name at a home he was staying at in Pennsylvania.
Byron said Tuesday that the collective closed for about a month after his arrest, inhibiting the collective's ability to respond to the planning department's requests.
"At that time they had no resources to answer their questions or give them information," Byron said. "We've tried to work with the planning department, but due to the unfortunate timing we couldn't get everything back in time."
Since his arrest, Byron said, he has resigned as the president of the collective until his legal issues are resolved. He said the collective is under new management and that he's simply helping out during a transition period.
"I did this for the well-being of the collective and the patient base," Byron said.
He said the collective's patients -- numbering more than 1,100 -- are grateful that the store is open again following its month-long closure.
The collective currently has an open-ended permit, meaning there's no sunset date set by the county. However, the collective still has to submit an annual report proving that it has conformed to the permit's requirements.
According to a May report by planning staff, the collective needs to increase the width of the southernmost driveway on Myrtle Avenue to allow for two exit lanes and one entrance lane to the business. The collective did some striping work in March 2011, but the public works department deemed it inadequate.
Byron said public works approved the collective's striping plan. He said six months later, a different public works employee decided the work needed to be redone and the driveway widened.
"We are still trying to work with them," Byron said.
The other issue raised in the planning department's report is the lack of financial information detailing the collective's operation as a nonprofit organization. The report states staff met with collective representatives in late February, requesting financial documents. It states the collective's yearly report said "first-year operating costs have been high and that THCC continues to operate on a not-for-profit basis."
Byron said the collective didn't submit more detailed information because it was unclear whether the financial documents would become public record. He said the county counsel's office notified the collective last week that the financial records will be kept confidential.
"Now we're getting all that information to them," Byron said.
In addition to discussing the collective's permit, commissioners will discuss renewing a conditional use permit for another medical marijuana dispensary in Eureka.
Lazar said staff are recommending that the permit for the Hummingbird Healing Center be renewed. The center's permit was issued May 24, 2011, for a one-year term. Lazar said the county hasn't had any issues with the center.
"This next one we're recommending a two-year term (on the permit)," Lazar said.
The county currently has a moratorium on medical marijuana dispensaries that prohibits new dispensaries from opening in the county. However, the board of supervisors put a caveat in the moratorium allowing already operating dispensaries to renew their permits. A temporary moratorium was enacted Dec. 13, 2011, and extended for an additional 10 months on Jan. 24 in response to a recent federal crackdown on dispensaries.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: times-standard.com
Author: Megan Hansen
Contact: Contact Us - Times-Standard Online
Website: Permit for medical marijuana dispensary in jeopardy; county planning commission meets Thursday on issue - Times-Standard Online
