Jacob Bell
New Member
LAKEPORT, Calif. — On Tuesday the Board of Supervisors approved an ordinance that will regulate the county's medical marijuana dispensaries, an effort that has stretched across the last two years, numerous hearings and hours of heated testimony.
The board approved the ordinance 3-2, with Jeff Smith and Denise Rushing both voting against the ordinance, despite the fact that both had made suggestions that were incorporated into the draft during the four and a half hour hearing, and neither had appeared particularly opposed to the document.
A final reading on the ordinance is scheduled for the board's next meeting on Tuesday, Aug. 16.
Under the document's guidelines, the maximum number of dispensaries is capped at five. Community Development Director Rick Coel told the board that currently there are 10 dispensaries operating in the county's unincorporated areas, six of them on the Northshore alone.
The dispensaries that wish to operate going forward will have 120 days once the ordinance is finalized — which likely won't take place until 30 days after the final approval, expected next week — to submit complete applications for a minor use permit to operate. The applications will be processed in the order they're determined to be complete.
Dispensaries operating continuously since September 2009 — when a moratorium on new dispensaries opening first went into effect — will have priority in applying for continued operation, according to the ordinance.
Background checks will be required for owners, operators and employees, and new dispensaries can't operate in downtown business districts.
However, Northshore dispensaries in particular will benefit from an "overlay" zone and, if approved for operation, won't have to move from "C2" or downtown zoning due to the availability of fewer of the primary zoning areas deemed appropriate for dispensaries to be sited. The primary zoning areas determined for the dispensaries are "C3," service commercial; "M1," light industrial; and "M2," heavy industrial.
Of the 10 dispensaries currently operating, only one located in the Clear Lake Rivieras would have to relocate if approved for continued operation.
Edible products also will be allowed, with county health officials to certify the kitchens where the items are made but not the safety of the products themselves, which Health Services Director Jim Brown told the board his agency didn't have the ability or testing resources to do.
Because of his safety concerns, Brown had asked that the language allowing edibles be stricken from the document, but the board kept it as a way of offering patients more options for ingesting the drug.
In getting to a final document, the supervisors were operating under a deadline: Next month, the temporary moratorium against new dispensaries opening will expire after having been renewed last year.
Coel had noted in previous meetings his concern that if the moratorium expired, it would open up enforcement on current dispensaries, which — because they're not specifically allowed in the current zoning ordinance — aren't allowed.
Ed Robey, a former District 1 supervisor, and Lower Lake attorney Ron Green wrote an alternative ordinance that the board chose not to consider after so much staff time and hearings already had been put toward the one prepared by staff.
"We have a deadline," Rushing said, pointing to the expiring moratorium.
Although the public hearing had been closed at the last discussion on June 21, Board Chair Jim Comstock allowed community and dispensary owner input on the updated aspects to the ordinance.
Dispensary owners were particularly concerned about not being allowed in the C2 zoning district.
Daniel Chadwick, who runs a Middletown dispensary, said he didn't think that was fair, and objected to dispensaries being put in this "small little box."
Comstock would note during the hearing, "Compromise means nobody gets everything they want," adding that everyone needed to give and take to make the ordinance work. "That's what we're here to do."
Melissa Fulton, chief executive officer of the Lake County Chamber of Commerce, said the organization's leadership supported the use of medical marijuana for qualified patients.
"Note the emphasis on the word 'qualified,'" Fulton said.
Fulton said the chamber does not support the idea — promoted at previous meetings by Green — that medical marijuana dispensaries are a tourism draw, and added that no dispensary should be located in the C2 zone or on any Main Street in Lake County.
With the Clearlake City Council recently approving a dispensaries ordinance allowing for a maximum of three in that city, Fulton suggested that the rest of the county should be limited to two.
Attorney Peter Windrem felt five dispensaries in the county should be the maximum, "and even that is too much."
Windrem added, "This whole process has got to come to an end. It can't go on forever."
Rushing said the dispensaries ordinance needed to work along with a cultivation ordinance that Coel said later in the meeting is being prepared to come to the board soon.
She said that out-of-area forces are coming to Lake County, buying inexpensive land "and doing things that are not OK," with the result being a lot of environmental degradation and human trafficking.
Finley resident Phil Murphy said the only thing that the board's action ultimately would affect would be the percentage of marijuana used legally and illegally in Lake County. He said restricting legal access to the drug will only drive more illegal use.
"I don't know why there's such a big push to limit the number of dispensaries," he said.
He accused the chamber of a "hypocritical" viewpoint regarding marijuana, when alcohol is so widely available. "People have to start using some common sense here."
Comstock allowed Fulton to rebut some of the comments. "We still prefer zero dispensaries but that's not reality," she said, adding some people need the drug.
"We don't like being known as part of the Emerald Triangle," she said, referring to the designation for the North Coast's marijuana growing area. "We don't see that as a benefit or an asset to the county of Lake."
Supervisor Anthony Farrington, who noted his mother tried marijuana before her death, said he also had tried it after a motorcycle crash a few years ago. While he found it helpful for pain, he said he didn't like its cognitive affects. Ultimately he used a topical solution containing marijuana.
While he said he agreed there is a need for the drug, he said dispensaries shouldn't be located in downtowns.
Later in the meeting, Farrington said "the bad apples" have caused the matter to come to a head for everyone. He said he knows of parcels in his district where illegal grows are happening. "That's not the future of Lake County."
Smith was concerned about possibly taking away livelihoods from people if they reduced the number of dispensaries. He questioned when would there be enough pharmacies and tasting rooms.
Supervisor Rob Brown moved to approve the ordinance, which Farrington seconded with an amendment to include edibles.
After further discussion, and Brown's acceptance of Farrington's amendment to his motion, the board took the 3-2 vote to approve the ordinance and advance it to Aug. 16.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: lakeconews.com
Author: Elizabeth Larson
Contact: Contact Us
Copyright: Lake County News
Website: Split Board of Supervisors approves medical marijuana dispensaries ordinance
The board approved the ordinance 3-2, with Jeff Smith and Denise Rushing both voting against the ordinance, despite the fact that both had made suggestions that were incorporated into the draft during the four and a half hour hearing, and neither had appeared particularly opposed to the document.
A final reading on the ordinance is scheduled for the board's next meeting on Tuesday, Aug. 16.
Under the document's guidelines, the maximum number of dispensaries is capped at five. Community Development Director Rick Coel told the board that currently there are 10 dispensaries operating in the county's unincorporated areas, six of them on the Northshore alone.
The dispensaries that wish to operate going forward will have 120 days once the ordinance is finalized — which likely won't take place until 30 days after the final approval, expected next week — to submit complete applications for a minor use permit to operate. The applications will be processed in the order they're determined to be complete.
Dispensaries operating continuously since September 2009 — when a moratorium on new dispensaries opening first went into effect — will have priority in applying for continued operation, according to the ordinance.
Background checks will be required for owners, operators and employees, and new dispensaries can't operate in downtown business districts.
However, Northshore dispensaries in particular will benefit from an "overlay" zone and, if approved for operation, won't have to move from "C2" or downtown zoning due to the availability of fewer of the primary zoning areas deemed appropriate for dispensaries to be sited. The primary zoning areas determined for the dispensaries are "C3," service commercial; "M1," light industrial; and "M2," heavy industrial.
Of the 10 dispensaries currently operating, only one located in the Clear Lake Rivieras would have to relocate if approved for continued operation.
Edible products also will be allowed, with county health officials to certify the kitchens where the items are made but not the safety of the products themselves, which Health Services Director Jim Brown told the board his agency didn't have the ability or testing resources to do.
Because of his safety concerns, Brown had asked that the language allowing edibles be stricken from the document, but the board kept it as a way of offering patients more options for ingesting the drug.
In getting to a final document, the supervisors were operating under a deadline: Next month, the temporary moratorium against new dispensaries opening will expire after having been renewed last year.
Coel had noted in previous meetings his concern that if the moratorium expired, it would open up enforcement on current dispensaries, which — because they're not specifically allowed in the current zoning ordinance — aren't allowed.
Ed Robey, a former District 1 supervisor, and Lower Lake attorney Ron Green wrote an alternative ordinance that the board chose not to consider after so much staff time and hearings already had been put toward the one prepared by staff.
"We have a deadline," Rushing said, pointing to the expiring moratorium.
Although the public hearing had been closed at the last discussion on June 21, Board Chair Jim Comstock allowed community and dispensary owner input on the updated aspects to the ordinance.
Dispensary owners were particularly concerned about not being allowed in the C2 zoning district.
Daniel Chadwick, who runs a Middletown dispensary, said he didn't think that was fair, and objected to dispensaries being put in this "small little box."
Comstock would note during the hearing, "Compromise means nobody gets everything they want," adding that everyone needed to give and take to make the ordinance work. "That's what we're here to do."
Melissa Fulton, chief executive officer of the Lake County Chamber of Commerce, said the organization's leadership supported the use of medical marijuana for qualified patients.
"Note the emphasis on the word 'qualified,'" Fulton said.
Fulton said the chamber does not support the idea — promoted at previous meetings by Green — that medical marijuana dispensaries are a tourism draw, and added that no dispensary should be located in the C2 zone or on any Main Street in Lake County.
With the Clearlake City Council recently approving a dispensaries ordinance allowing for a maximum of three in that city, Fulton suggested that the rest of the county should be limited to two.
Attorney Peter Windrem felt five dispensaries in the county should be the maximum, "and even that is too much."
Windrem added, "This whole process has got to come to an end. It can't go on forever."
Rushing said the dispensaries ordinance needed to work along with a cultivation ordinance that Coel said later in the meeting is being prepared to come to the board soon.
She said that out-of-area forces are coming to Lake County, buying inexpensive land "and doing things that are not OK," with the result being a lot of environmental degradation and human trafficking.
Finley resident Phil Murphy said the only thing that the board's action ultimately would affect would be the percentage of marijuana used legally and illegally in Lake County. He said restricting legal access to the drug will only drive more illegal use.
"I don't know why there's such a big push to limit the number of dispensaries," he said.
He accused the chamber of a "hypocritical" viewpoint regarding marijuana, when alcohol is so widely available. "People have to start using some common sense here."
Comstock allowed Fulton to rebut some of the comments. "We still prefer zero dispensaries but that's not reality," she said, adding some people need the drug.
"We don't like being known as part of the Emerald Triangle," she said, referring to the designation for the North Coast's marijuana growing area. "We don't see that as a benefit or an asset to the county of Lake."
Supervisor Anthony Farrington, who noted his mother tried marijuana before her death, said he also had tried it after a motorcycle crash a few years ago. While he found it helpful for pain, he said he didn't like its cognitive affects. Ultimately he used a topical solution containing marijuana.
While he said he agreed there is a need for the drug, he said dispensaries shouldn't be located in downtowns.
Later in the meeting, Farrington said "the bad apples" have caused the matter to come to a head for everyone. He said he knows of parcels in his district where illegal grows are happening. "That's not the future of Lake County."
Smith was concerned about possibly taking away livelihoods from people if they reduced the number of dispensaries. He questioned when would there be enough pharmacies and tasting rooms.
Supervisor Rob Brown moved to approve the ordinance, which Farrington seconded with an amendment to include edibles.
After further discussion, and Brown's acceptance of Farrington's amendment to his motion, the board took the 3-2 vote to approve the ordinance and advance it to Aug. 16.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: lakeconews.com
Author: Elizabeth Larson
Contact: Contact Us
Copyright: Lake County News
Website: Split Board of Supervisors approves medical marijuana dispensaries ordinance
