Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
LAKE COUNTY - In response to a growing number of medical marijuana dispensaries and collectives, which have popped up in recent months as the county has worked on new zoning rules to cover them, the Board of Supervisors will discuss an urgency ordinance placing a temporary moratorium on such establishments.
The board will consider the urgency ordinance at 3:30 p. m. Tuesday during its regularly scheduled meeting at the Lake County Courthouse, 255 N. Forbes St., Lakeport.
If the board passes the six-page interim urgency ordinance, it would go into effect immediately and prevent collectives and dispensaries from opening for 45 days, which should give county staff time to finish its draft zoning proposal.
County Counsel Anita Grant called it a "freeze frame."
She said if the board wanted to extend the urgency ordinance, it would need to hold a public hearing.
On April 21, the county issued notices of violation to six medical marijuana dispensaries and cooperatives because their usage isn't specifically outlined in the county's zoning ordinance and is therefore not allowed, as Lake County News has reported.
That action was taken the same day as the Board of Supervisors held a preliminary discussion on amendments to the county zoning ordinance, with dispensary zoning included in that discussion. The board decided to stay the enforcement action against those dispensaries.
That led to a May discussion about including dispensaries and collectives in the county's zoning, with Community Development Department staff continuing to work on a draft, said Rick Coel, the department's director.
Coel said his staff will have a draft zoning ordinance amendment ready in four to six weeks.
However, since those initial discussions in the spring, several new dispensaries and collectives have scrambled to open, according to Supervisor Rob Brown.
Brown told fellow board members during an August discussion on marijuana zoning rules that a dispensary opening up in Cobb was a concern for community members there.
Coel estimated that about four or five new ones have opened around the county in the last few months, in communities including Nice, Lucerne and Middletown.
Another dispensary is reportedly reopening in the Clear Lake Riviera, to the consternation of community members there, said Bob Plank, a director of the Clear Lake Riviera Community Association.
Coel emphasized that the zoning ordinance, as it currently stands, doesn't allow for collectives or dispensaries, although the Board of Supervisors put a halt to taking any action against the dispensaries already operating in April, at the time the notices of violation were issued.
"The folks that are opening these businesses are under the impression that if they get these in now they can get them grandfathered in," he said.
In an effort to temporarily halt the growing number of dispensaries - whose zoning issues haven't been fully considered yet in the draft zoning amendment, said Coel - county officials began drafting the temporary moratorium last Wednesday, Grant said.
Taking part in getting the effort going were Brown, Grant, Coel, retired Supervisor Ed Robey and his successor, Jim Comstock.
Brown said the county is putting people on notice that if they open dispensaries or collectives now, they'll be closed down.
"Everybody needs to take a break until we get this ordinance done," he said.
Dale Gieringer, PhD, coordinator for California NORML, a marijuana advocacy group, said there have been countless moratoriums enacted around the state regarding dispensaries.
He said moratoriums have been a standard preliminary procedure for communities preparing to enact dispensary regulations. Some of those communities include Oakland, San Francisco, Los Angeles, Berkeley and West Hollywood. For communities that have no dispensaries, they are a convenient way of excluding them entirely at a later date, he added.
Lower Lake Attorney Ron Green, who - along with Robey - has been offering his expertise in medical marijuana issues to county staff as its zoning effort has been under way, said that he and Robey favor the general moratorium concept and advised the board at its Aug. 18 meeting to pass one.
"A moratorium on new medical marijuana dispensaries would allow the Board of Supervisors time to come up with reasonable zoning and other regulations without feeling pressured by the proliferation of dispensaries to pass something that hasn't been well thought out and discussed publicly in detail," he said.
However, Green cautioned that, while he supports the moratorium in principle, he has significant problems with some of the language in the proposed moratorium ordinance, and cannot support it as it's currently written. He said he'll recommend the board consider four changes that will allow him to give it his support.
Meanwhile, Coel said there are still many questions that have to be answered with respect to how the county will zone medical marijuana dispensaries and collectives, including in what zoning district they'll be permitted.
From his research, Coel said dispensaries usually aren't allowed in downtown business districts or tourism areas, but are put out on the edges of towns.
He said the county also doesn't know if the local establishments are operating according to state medical marijuana guidelines.
"It's going to be interesting to see how this all plays out over the next several months," said Coel.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Lake County News
Author: Elizabeth Larson
Copyright: 2009 Lake County News
Contact: Lake County News | California - Contact
Website: Lake County News | California - Supervisors to consider temporary moratorium on medical marijuana dispensaries
The board will consider the urgency ordinance at 3:30 p. m. Tuesday during its regularly scheduled meeting at the Lake County Courthouse, 255 N. Forbes St., Lakeport.
If the board passes the six-page interim urgency ordinance, it would go into effect immediately and prevent collectives and dispensaries from opening for 45 days, which should give county staff time to finish its draft zoning proposal.
County Counsel Anita Grant called it a "freeze frame."
She said if the board wanted to extend the urgency ordinance, it would need to hold a public hearing.
On April 21, the county issued notices of violation to six medical marijuana dispensaries and cooperatives because their usage isn't specifically outlined in the county's zoning ordinance and is therefore not allowed, as Lake County News has reported.
That action was taken the same day as the Board of Supervisors held a preliminary discussion on amendments to the county zoning ordinance, with dispensary zoning included in that discussion. The board decided to stay the enforcement action against those dispensaries.
That led to a May discussion about including dispensaries and collectives in the county's zoning, with Community Development Department staff continuing to work on a draft, said Rick Coel, the department's director.
Coel said his staff will have a draft zoning ordinance amendment ready in four to six weeks.
However, since those initial discussions in the spring, several new dispensaries and collectives have scrambled to open, according to Supervisor Rob Brown.
Brown told fellow board members during an August discussion on marijuana zoning rules that a dispensary opening up in Cobb was a concern for community members there.
Coel estimated that about four or five new ones have opened around the county in the last few months, in communities including Nice, Lucerne and Middletown.
Another dispensary is reportedly reopening in the Clear Lake Riviera, to the consternation of community members there, said Bob Plank, a director of the Clear Lake Riviera Community Association.
Coel emphasized that the zoning ordinance, as it currently stands, doesn't allow for collectives or dispensaries, although the Board of Supervisors put a halt to taking any action against the dispensaries already operating in April, at the time the notices of violation were issued.
"The folks that are opening these businesses are under the impression that if they get these in now they can get them grandfathered in," he said.
In an effort to temporarily halt the growing number of dispensaries - whose zoning issues haven't been fully considered yet in the draft zoning amendment, said Coel - county officials began drafting the temporary moratorium last Wednesday, Grant said.
Taking part in getting the effort going were Brown, Grant, Coel, retired Supervisor Ed Robey and his successor, Jim Comstock.
Brown said the county is putting people on notice that if they open dispensaries or collectives now, they'll be closed down.
"Everybody needs to take a break until we get this ordinance done," he said.
Dale Gieringer, PhD, coordinator for California NORML, a marijuana advocacy group, said there have been countless moratoriums enacted around the state regarding dispensaries.
He said moratoriums have been a standard preliminary procedure for communities preparing to enact dispensary regulations. Some of those communities include Oakland, San Francisco, Los Angeles, Berkeley and West Hollywood. For communities that have no dispensaries, they are a convenient way of excluding them entirely at a later date, he added.
Lower Lake Attorney Ron Green, who - along with Robey - has been offering his expertise in medical marijuana issues to county staff as its zoning effort has been under way, said that he and Robey favor the general moratorium concept and advised the board at its Aug. 18 meeting to pass one.
"A moratorium on new medical marijuana dispensaries would allow the Board of Supervisors time to come up with reasonable zoning and other regulations without feeling pressured by the proliferation of dispensaries to pass something that hasn't been well thought out and discussed publicly in detail," he said.
However, Green cautioned that, while he supports the moratorium in principle, he has significant problems with some of the language in the proposed moratorium ordinance, and cannot support it as it's currently written. He said he'll recommend the board consider four changes that will allow him to give it his support.
Meanwhile, Coel said there are still many questions that have to be answered with respect to how the county will zone medical marijuana dispensaries and collectives, including in what zoning district they'll be permitted.
From his research, Coel said dispensaries usually aren't allowed in downtown business districts or tourism areas, but are put out on the edges of towns.
He said the county also doesn't know if the local establishments are operating according to state medical marijuana guidelines.
"It's going to be interesting to see how this all plays out over the next several months," said Coel.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Lake County News
Author: Elizabeth Larson
Copyright: 2009 Lake County News
Contact: Lake County News | California - Contact
Website: Lake County News | California - Supervisors to consider temporary moratorium on medical marijuana dispensaries
