Pubdate: Fri, 15 May 2009 Source: Lake County Record-Bee (Lakeport, CA) Copyright: 2009 Record-Bee Contact: http://www.record-bee.com/ Details: http://www.mapinc.org/media/3384 Author: Denise Rockenstein Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://mapinc.org/topic/dispensaries GUIDELINES IN THE WORKS FOR DISPENSARIES CLEARLAKE-The Clearlake City Council directed staff Thursday to prepare draft guidelines for regulating medical marijuana dispensaries. According to City Administrator Dale Neiman, the process could take as long as four months. The process will include public hearings before the Planning Commission as well as the council, which will provide the public further opportunity to comment prior to official adoption and implementation. The council discussed several aspects associated with establishing dispensary regulations, which were presented as recommendations of a committee that was formed in January to address the issue. The committee included the participation of Clearlake Chief of Police Allan McClain, Councilmember Joyce Overton, who was absent from Thursday's meeting, and others. The council was in agreement with the first two recommendations presented, which suggest that medical marijuana dispensaries be regulated through the city's zoning ordinance and that a conditional use permit be required in order to allow neighbors the opportunity to comment on any proposed dispensary. Discussion and comments from the public spurred from the committee's recommendation that regulations allow dispensaries only in the C-4 zone district, which is primarily the Ogulin Canyon Road area; and that dispensaries be prohibited within 1,500 feet of a school, church, childcare facility or group home, which Mayor Chuck Leonard suggested should read "licensed" childcare facility or group home. While Councilmember Judy Thein was in agreement with the C-4 zoning suggestion, Mayor Leonard and Councilmember Roy Simons voiced support for increasing access. Vice Mayor Curt Giambruno also supported C-4 zoning stating that patients could take a taxi if they so needed. "I think that this can be done in an area that is accessible to these people," Simons said. "I think we need to think of the compassion with this." Comments from the public also voiced support for easily accessible sites. "Having a dispensary close to me in town really means a lot to me and my family," Rob McGiffin said, adding that medical marijuana eliminates his need for taking heavy medications and narcotics. He urged the council to consider patients and their ability to access the medicine. Richard Dern offered similar comments. "C-4 is heavy industrial and storage," he said. "These are patients who deserve the dignity to (get their medicine) out of a store front." Liz Byrd, who currently operates a dispensary in Clearlake, also offered comment. "I'm glad that you are looking at ways to make this work. But, if you put us in an area that patients can't access, you are opening up another set of problems," she said. "We need access to places in Clearlake because there are a lot of disabled (people) here." Valery Adaes, who said that medical marijuana has been all that has prevented her blindness due to glaucoma, expressed concerns for discrimination. "I really resent the systematic demonetization of medical marijuana patients. Because of these threats on our medicine you've really increased the fear in our patients," she said. "Are we being singled out? You can't restrict us. We are citizens and we have a right as voters of California." Another recommendation that initiated discussion was the possible adoption of regulations that would allow medical marijuana to be grown indoors only. Giambruno supported the suggestion stating that there are many complaints regarding the odor of marijuana. Citizen Marvin Stayton urged the council to consider that many medical marijuana patients cannot afford to set up a $5000 grow room in their homes. Recommendations also included adopting regulations related to dispensaries under the Compassionate Use Act (Section 11362.5 of the Health & Safety Code). This would also entail establishing an annual fee to pay the cost associated with monitoring dispensary facilities on a yearly basis to ensure they are complying with regulations. According to Neiman, he will address the zoning portion of the regulations while Chief McClain would handle the Health & Safety Code portion. Thein questioned whether or not it would be wiser to have the city attorney draft the regulations. Neiman said utilizing city staff would be more cost efficient and that the city attorney will review the document prior to its presentation to the commission, council and public. - --- MAP posted-by: Jay Bergstrom