Pubdate: Tue, 15 Mar 2016
Source: San Diego Union Tribune (CA)
Copyright: 2016 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Joshua Stewart

POT DISPENSARY BAN WEIGHED

As eight medical marijuana facilities attempt to set up shop from 
Julian to Lakeside, the county Board of Supervisors is considering an 
outright ban on the facilities in unincorporated areas.

The supervisors on Wednesday will consider options including a flat 
prohibition that eventually could shut down the two dispensaries that 
are already permitted, along with blocking any new collectives in the future.

They will also look at adding more restrictions that would leave 
fewer locations eligible for new dispensaries and cultivation sites, 
as well as consider enacting a temporary moratorium that would give 
them time to evaluate additional ways to regulate medical marijuana.

Any change would undo at least parts of a June 2010 regulation that 
limits medical marijuana facilities to industrial zoned land at least 
1,000 feet from schools, playgrounds, parks, churches, residential 
properties and other dispensaries.

Supervisor Dianne Jacob has promoted her district's "bees, beer and 
burgundy" industries, but as eight collectives attempt to open up 
shop in her East County area, she doesn't want to add "buds" to her 
alliterative slogan.

A recent California Supreme Court ruling that clears the way for 
jurisdictions to ban dispensaries, as well as various ballot measures 
that would legalize recreational marijuana, demand a time-out on new 
dispensaries, Jacob said.

"I would support putting in place a temporary moratorium on permits 
for medical marijuana dispensaries in the unincorporated area until 
the Board of Supervisors can consider the legal options available to 
us at this time," she said in an email to a constituent who had 
written to her about a proposed dispensary in Julian.

The county's two licensed medical marijuana facilities near Gillespie 
Field and another in Ramona are in Jacob's district, as are all eight 
of the other applications in the permitting pipeline. Some are 
proposed as dispensaries and others as growing operations, although 
it's not clear which are which.

One dispensary, Outliers Collective in an unincorporated part of El 
Cajon, has already opened, while another facility in Ramona recently 
received an occupancy permit from the Sheriff's Department. 
Additionally, building permits were recently issued for two 
facilities in Ramona, one in El Cajon and one in Valley Center. 
Building permits are under review for two operations in Lakeside, one 
in Ramona and one in Julian.

There's a wave of permit applications because state regulations have 
given applicants confidence that they will be able to open a 
dispensary without arrest or prosecution from local authorities, said 
Michael Cindrich, a San Diego attorney who works on medical marijuana 
issues and is executive director of the San Diego chapter of the 
National Organization to Reform Marijuana Laws.

State regulations have made medical marijuana a less risky venture, 
and consequently made it easier for people to raise money and invest 
in a facility without fear of legal repercussions, he said.

"That provides some certainty for those who are interested in the 
medical cannabis industry," Cindrich said.

In a letter to board Chairman Ron Roberts, Jim Piva, the head of the 
Ramona Community Planning Group, contended that collectives are 
linked to increases to property crimes, drugged driving and the 
illegal sale of marijuana to minors.

"The community of Ramona does not need several medical marijuana 
collective facilities. There is no justification for them, and we 
should not try to misrepresent that fact in any manner," Piva wrote.

Many of the recent applications are for cultivation facilities rather 
than dispensaries and will have little to no impact on the nearby 
community, Cindrich said.

Additionally, licensed medical marijuana facilities take pot off the 
black market, making it less likely that the substance will end up 
being bought by minors, he said.

"Anyone who has spent the time and effort to get a license is not 
going to risk that license by illegally selling to a minor. 
Similarly, licensed dispensaries do not allow on-site consumption, 
and therefore do not cause an increase in drugged driving," Cindrich said.

And licensed dispensaries can assist in reporting property crime 
because they can contact police without fear of later being 
prosecuted, he said.

A county ban would make the city of San Diego the only government 
within the county that permits medical marijuana dispensaries. The 
city has approved permits for 13 dispensaries, seven of which are open.

If the county were to enact a ban, it would not likely close the 
existing dispensaries immediately, but it would establish a sunset 
date for their operations.

After the state Medical Marijuana Regulation and Safety Act took 
effect in October, nearly every jurisdiction within the county 
enacted additional restrictions or bans on dispensaries.

Short of a ban, supervisors could amend existing regulations in ways 
that whittle down the areas where collectives could open up. Other 
options suggested by county staff in a memo include:

Switching the 1,000-foot setback from land zoned residential to land 
used for residential purposes. This would mean that some properties, 
including land zoned for agriculture, could trigger a buffer if that 
property also has a farmhouse. The staff estimates that would leave 
room for only four facilities across unincorporated parts of the county.

The buffer between sensitive areas like schools, playgrounds, parks 
and other facilities could be extended beyond 1,000 feet. If it's 
increased to a quarter-mile, there would be locations for 11 to 16 
dispensaries. If it's a half-mile, there would be four to six. At one 
mile, there would be room for one site.

A new setback for county medical marijuana facilities from the 
borders of incorporated cities could be established. A 1,000-foot 
buffer would allow for 15 to 20 dispensaries.

The county could also increase civil penalties for rogue collectives 
that violate ordinances, and it could boost enforcement efforts.

The memo did not address medical marijuana delivery services.
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MAP posted-by: Jay Bergstrom