Pubdate: Thu, 24 Apr 2008
Source: Eureka Reporter, The (CA)
Copyright: 2008 The Eureka Reporter
Contact:  http://www.eurekareporter.com/
Details: http://www.mapinc.org/media/3289
Author: Cerena Johnson, The Eureka Reporter
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/topic/dispensaries

COUNCIL WORKING TO ESTABLISH POLICY ON MEDICAL MARIJUANA DISPENSARIES

The city of Arcata is continuing to work toward a solution as to how 
to regulate medical marijuana dispensaries and grow operations.

The Arcata City Council tackled a number of topics specific to 
dispensaries at a study session at the Arcata Community Center 
Tuesday, exploring potential site and design criteria as well as the 
possibility of establishing a temporary moratorium on new dispensaries.

While the council did not take any actions, it did form more of the 
groundwork for establishing a future city policy.

As the city is in the process of developing the Land Use Code, a 
comprehensive policy on the regulation of marijuana grow houses and 
clinics has yet to be adopted.

As it stands, the city allows dispensaries in the central business 
district, but does not permit dispensing and growing in the same location.

Most recently, the council was faced with the question of whether to 
uphold Planning Commission's determinations on a building permit 
application for a medical marijuana facility located at 601 I St.

The Planning Commission determined that dispensing marijuana is a 
"medical office-type" use, and that growing marijuana is an 
agricultural-type use, as defined by the city's Land Use and Development Guide.

At the time, the council was divided over what standards should be 
set as well as whether to uphold the determinations, in part because 
a policy on clinics has not been set.

A temporary emergency moratorium on allowing new dispensaries into 
the city would freeze approval of new dispensaries while the council 
develops a policy.

Applicants could still apply and go through the conditional use 
permit process, said Community Development Director Larry Oetker.

"The interim emergency ordinance would apply to both the coastal zone 
and outside the coastal zone," he said.

If the council drafts standards, they would not be effective inside 
the coastal zone until the Coastal Commission adopts those -- which 
could take approximately a year, Oetker said.

To introduce and adopt an ordinance that would be effective outside 
the coastal zone could be done in about two months, he said.

The council's last direction, Oetker said, was to provide direction 
on dispensaries and growing policies and send it to the Planning 
Commission to begin developing standards.

"We did agree to set accessory use as a limit for grow houses," said 
Councilmember Harmony Groves.

"This is a nontraditional medicine use and we need a new definition," she said.

Mayor Mark Wheetley said a moratorium may sound harsh, but it is reversible.

"It allows for some breathing space for some smart decisions to be 
made," he said.

In considering potential site criteria, the council discussed the 
possibility of requiring separate dispensing and growing locations, 
overlay zones and buffer zones around dispensaries.

Several council members questioned what would happen if clinics could 
only dispense what they grew on site, which they said could work as a 
way to provide security measures, lessening the transport of medical 
marijuana and the proliferation of commercial grows.

Overlay zones would allow the council to designate a specific portion 
of the city to cite the clinics, while buffer zones would prevent 
dispensaries from locating around specific areas such as schools or churches.

The council also took up discussion of design standards, size limits 
and numbers of clients as well as environmental issues.

Safety was a concern to some, regarding both clinic operations and 
grow houses, which the council did not discuss Tuesday.

"I personally have a concern of large-scale storage of marijuana," 
said Arcata Police Chief Randy Mendosa, who noted past home invasions 
in the city.

"The violence is what I am most concerned about," he said.

"There's a disconnect here that I see -- the assumption a dispensary 
is a pharmacy," one resident commented.

"We are frankly tired of it in our neighborhoods," another resident said.

Others spoke of the need to remember the compassionate use standards 
outlined by Prop. 215.

Resident Bob Ornelas said he didn't see the need for an emergency 
ordinance, but saw an opportunity to accommodate a low-impact, clean 
industry, possibly through amending the General Plan.

"I think you have an opportunity to accommodate these shops that are 
paying sales tax," he said.

The problem with grow houses is a "different animal," he said.