Pubdate: Tue, 26 Jul 2011
Source: Reporter, The (Vacaville, CA)
Copyright: 2011 The Reporter
Contact:  http://www.thereporter.com/
Details: http://www.mapinc.org/media/472
Bookmark: http://mapinc.org/topic/Dispensaries

DISPENSARY RULES ARE SENSIBLE

A sensible ordinance spelling out where medical marijuana 
dispensaries could be located in unincorporated areas of Solano 
County goes before the Board of Supervisors this afternoon.

Supervisors aren't likely to adopt it, and more's the pity since 
dispensaries are theoretically allowed to locate in the county, even 
though there are no rules to regulate them.

That's because supervisors two years ago ducked the issue. The board 
couldn't muster the four votes needed to impose a two-year moratorium 
on medical marijuana, and rather than instruct staff to write some 
rules for dispensaries, it just let the matter drop.

Because the county specifically allows pharmacies to set up shop on 
land zoned for "business and professional" development, it must also 
allow medical marijuana dispensaries to locate there.

So why doesn't Solano County have any dispensaries yet? According to 
the minutes from the June 16 Solano County Planning Commission 
meeting, staff tells inquiring dispensary operators to set up a 
"pre-business license application meeting" with the Sheriff's 
Department, which "is presently not signing off on business licenses 
for medical marijuana dispensaries."

It's a nice Catch-22 that keeps dispensary operators chasing their tails.

At least it did until Cindy Elizabeth Harris came along. She's a 
longtime in-home health-care provider who several years ago saw her 
patients' need for safe places to obtain medical marijuana. She 
started a dispensary in Novato that was forced to close when the 
landlord canceled its lease. It has since reopened in the 
unincorporated area of Marin County, but in the interim, she looked 
into Solano County because of the number of unserved patients here, 
which she estimates at 4,000.

The site she chose is zoned for "commercial services," and pharmacies 
aren't one of the automatically allowed uses. She is asking 
supervisors to adopt regulations for dispensaries and allow them in 
areas zoned for business and professional, commercial services and 
neighborhood commercial.

The Planning Commission has recommended that supervisors reject Ms. 
Harris's proposal, but is urging the board to have county staff write 
regulations for dispensaries that locate in business and professional 
areas. It's worth noting that there are only three such parcels, 
according to the Planning Commission minutes, all located in the Cordelia area.

Because of Solano County's long-standing policy of "what is urban 
shall be municipal," there aren't a lot of places where pharmacies or 
medical marijuana dispensaries can logically locate in the 
unincorporated areas.

And since cities such as Vacaville, Dixon and Benicia have banned 
them, Solano patients have to travel to fill their medical marijuana 
prescriptions if they don't choose to grow their own.

(As an aside: Cities relying on zoning ordinances to keep out 
dispensaries got a rude awakening last week when a Solano Superior 
Court judge dismissed a charge of "operating without a business 
license" against an alleged dispensary owner because he had a permit 
to sell "dried flowers and candles." The court ruled that dried 
marijuana buds were, indeed, "flowers.")

It's been 15 years since Solano voters joined citizens statewide in 
adopting the Compassionate Use Act that authorizes patients to 
legally use medical marijuana. Solano County should have adopted 
rules years ago to accommodate dispensaries. The proposed regulations 
are sensible, as is allowing them to locate in more of the few 
unincorporated areas that can accommodate such businesses.

Supervisors ought to just accept the proposed rules, but, if they 
don't, the least they can do is get started on writing their own.
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MAP posted-by: Jay Bergstrom