Pubdate: Thu, 16 Apr 2009 Source: Sonoma Valley Sun (CA) Copyright: 2009 Sonoma Valley Sun Contact: http://sonomasun.thmm.com/ Details: http://www.mapinc.org/media/4881 Author: Walt Williams Bookmark: http://www.mapinc.org/find?115 (Marijuana - California) PLANNING COMMISSION APPROVES MARIJUANA GUIDELINES After a two-hour discussion of a draft ordinance establishing regulations for medical marijuana dispensaries in city limits, the Sonoma Planning Commission voted 6-1 to recommend that the Sonoma City Council adopt the ordinance. But there was not a lot of clarity on a number of points, left for the council to resolve, if it decides to move forward with the ordinance. Commission chair Michael George said, "It's a really complex issue. Part of me says that cannabis is not legal because nobody can patent it. In summarizing what I've learned, we need to form an opinion to recommend to council but we're shooting in the dark here. Is the area the city or the valley? What is the patient population? How will the operator answer questions?" Sonoma Planning Director David Goodison explained many of the issues relating to dispensaries and reminded commissioners that this is the third time they had discussed the issue. The draft ordinance considered by the commission stipulated that a dispensary must be at least 1,000 feet from schools and 100 feet from parks and youth facilities. Only one permit would be issued for the first year; no limit was in the ordinance for the number of dispensaries that might be allowed after that. Membership in the non-profit cooperative running the dispensary would be limited to 2,000 persons, and patient visits in any month would be limited to 1,000. No delivery service would be allowed; those are illegal, according to Goodison, except for licensed caregivers. The source of the marijuana would be limited to what the members themselves can grow. Other dispensaries in Santa Rosa reportedly do not have this limitation, and Goodison said that the ordinance would prohibit pot from being grown within city limits. Ancillary items would be allowed (such as books, pipes and vaporizers), as would cannabis foods and liquids. Patients and employees would not be allowed to consume marijuana within 1,000 feet of the dispensary. Commission concerns included the criteria for the screening of the applicants who would run the dispensary as well as location and patient issues. Commissioner Mark Heneveld commented, "We know that people under 18 cannot go to the dispensary. The 2,000 number is probably high - 2,000 seems high. Do we know how many prescriptions we have in the valley? Where will the foods and liquids be produced? How will the dosage be regulated?" No one provided answers to these and similar questions. When the discussion was opened up to members of the public, two dispensary operators in Santa Rosa asserted that site problems are minimal. John Sugg explained, "Crime actually decreases because of security measures and monitoring. We've had one drunk and rowdy patient but our break-in rate is smaller than other businesses." Donna Franken, the other Santa Rosa owner, added, "This will attract people to Sonoma. It's good for revenue generation in the city. I would suggest not limiting patient visits or numbers of members. Also, I have had zero police calls in my years of operation." Other comments included a plea by Nanci Mathison, Director of Student Services for Sonoma Valley Unified School District, who said, "I am here to request that the commission maintain the 1,000-foot boundary from any school site." And Jewel Mathison, the wife of Sonoma Mayor Ken Brown, requested that the wording in the ordinance be changed from consumption to smoking for dispensary employees, so that employees would be allowed to use cannabis oils, foods and liquids while at the dispensary. Further discussion by the commission included a strong stance by commissioner Robert Felder, who said, "I think there is a deeper issue here that we are not talking about. I would not like to see a center in the City of Sonoma. It adds a dimension to the city which I just don't want to see." Felder was the one vote against approving the ordinance. With two applicants indicating that they intend to apply for the one permit, the planning commission can expect to see this issue again, in greater detail, if the city council proceeds to adopt the ordinance. In other business, the planning commission approved unanimously an application by Lori and Joseph Solis and Karen Powers for a self-service yogurt shop at 531 Broadway. The commission also discussed revising notice requirements for applications involving telecommunications facilities. The latter came from concerns about the lack of public notification on the cell phone tower at Sonoma Valley High School. A teacher from Creekside High School, sited on the same campus, said, "Many of my colleagues and students were surprised when the tower went up. I'm philosophically opposed to the idea of having a commercial tower in the middle of a learning environment but I understand the economic reality." The commission agreed to recommendations that the notification requirements be increased. - --- MAP posted-by: Richard Lake