Pubdate: Thu, 18 Dec 2008 Source: Arcata Eye (CA) Copyright: 2008 Arcata Eye Contact: http://www.arcataeye.com/ Details: http://www.mapinc.org/media/1210 Author: Daniel Mintz Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) FAMILY NIXES MCKINLEYVILLE CANNABIS COLLECTIVE SITING McKINLEYVILLE -- A county permit application for a medical marijuana collective in McKinleyville has generated immediate opposition and the most influential opponent is the owner of the property for which the growing facility is slated. Stephen Gasparas has submitted a permit application to the county for The Rose Center, a proposed medical marijuana collective at 1551 Nursery Way in McKinleyville. Allowed under Proposition 215, the state's medical marijuana law, a collective is a members-only group cultivation site for people with cannabis prescriptions. Gasparas' application states that his collective would not be open to the public and would not dispense marijuana. Gasparas is proposing to use a 5,475 square foot building for cultivation and he projects a $200,000-per-month income stream. The application lists a variety of socially-conscious goals, including use of solar and wind power and donating 10 percent of income to renewable energy development and five percent toward funding police officers and firefighters. But opposition to Gasparas' plan has quickly emerged, none of it more relevant than that of the Miller Family Partnership, which owns the would-be cultivation site. Trevor Estlow, the county planner handling the permit, said the application is missing an essential item. "I don't believe (the Miller Family Partnership) was kept in the loop in the beginning of this and (Gasparas) has yet to get a signature of the owner of record," he continued. "And until we get that, this is pretty much dead in the water." Gasparas won't get it. The Miller Family released a written statement on Dec. 12 making that clear. "Today, the Miller Family Partnership was surprised, even shocked, to discover that an application had been filed with the county for the operation of a Proposition 215 collective on property owned by the Miller Family Partnership," said Don Miller in the statement. He added that the lease agreement with K.D. Investments, a limited liability corporation apparently formed by Gasparas, is for a medical office and clinic only. Another condition of the lease is that use of the site complies with state and federal laws, said Miller. "The cultivation and dispensing of marijuana in any form is contrary to federal law," he continued. "The cultivation and dispensing of medical marijuana from the property was not a permitted use under the lease agreement and the Miller Family Partnership would never agree to its property being used for such purposes." Estlow said the site is zoned Community Commercial, and a collective would be allowed there if a Conditional Use Permit is approved. A precedent for that has already been set, as the county's Board of Supervisors approved a permit request for a grow cooperative and dispensary in Willow Creek in 2004. That one was for the Humboldt Patient Resource Center (HPRC), which operates a medical marijuana dispensary in Arcata. Danco Property Management leases space to HPRC and two other medical marijuana dispensaries in Arcata, and Estlow said the company is also managing the lease to Gasparas for the McKinleyville site. The application lists Danco's phone number as a contact for the owner. Messages to Danco and Gasparas were not returned by press time. Opposition to the collective was gelling when the Miller Family released its statement. At the Dec. 9 Board of Supervisors meeting, McKinleyville resident David Elsebusch vowed to start a community campaign against Gasparas' plan. "My knee-jerk reaction is not 'no,' but 'hell no,'" he said. "I don't want it in McKinleyville; they can go to Arcata if they want, but not in McKinleyville, and I will do what I can to gather support for opposition." Gasparas operates the Arcata iCenter, a medical marijuana dispensary near the intersection of 11th and K streets. Those who follow local news reports are familiar with his name as his conflicts with City and county officials over the sale of Indian food at Sai Om Shree, which was near the iCenter, were extensively covered. Gasparas was found guilty of selling the food without a county permit, but he argued that he was giving it away to clients of his biofeedback service. He was sentenced to three years probation, 300 hours of community service and almost $700 in fines. - --- MAP posted-by: Larry Seguin