Pubdate: Wed, 03 Aug 2016
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2016 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Kevin McCallum

SANTA ROSA MEDICAL MARIJUANA BUSINESSES GAIN ACCESS TO WIDER, 
NON-RESIDENTIAL SWATH OF CITY

The Santa Rosa City Council declared Tuesday that medical marijuana 
support services such as testing labs and oil extraction businesses 
can legally be located in certain nonresidential areas of the city.

The move, which takes effect immediately, opens up significant new 
areas of the city to the medical cannabis industry, as long as they 
follow a host of other regulations.

City officials said the goal was to close the gap that exists between 
two cannabis uses that are already allowed in the city with property 
permits - commercial cultivation of medical marijuana and sales at 
dispensaries.

Clare Hartman, deputy director of planning, told the council that it 
made no sense for those two activities to be permitted but to "not 
have a way for them to get from point A to point B."

The city didn't come up with a whole new set of land use regulations 
for medical cannabis, but rather identified where such uses fit into 
existing ones already allowed.

Allowed uses in specified areas now include testing, laboratories, 
non-volatile manufacturing, distribution and transportation. 
Businesses will still be required to secure building permits, fire 
inspections and comply with other safeguards.

The council decision came after a high-profile June raid by local and 
federal authorities of a large Santa Rosa-based producer of cannabis 
oil-infused products. The crackdown highlighted the extent of local 
cannabis production already occurring in the city.

Volatile manufacturing processes, such as those using highly 
flammable substances like butane, will not be allowed under the 
city's new policy. That triggered a discussion about the challenges 
the city may face in allowing uses that have not yet been clarified 
by the state under its licensing scheme.

"This is the sort of ambiguous space that we live in right now," City 
Manager Sean McGlynn said.

The state has allowed local jurisdictions to permit medical cannabis 
related activities before it finishes its own rules in 2018.

Councilman Gary Wysocky suggested the city should come up with its 
own clear definitions of what constitutes a volatile versus 
non-volatile operation.

"I don't know if we can wait for the state," Wysocky said.

Debra Tsouprake, who said she delivers cannabis oils and tinctures to 
seriously ill patients in Sonoma County, urged the council to approve 
the zoning interpretation.

The CEO of Green Heart Alternative Health Care said she hopes the 
city will keep the cost of compliance reasonably low and "not knock 
out the small-time farmers, not allow the big corporations to come in 
here and take over."

Recognizing that many businesses like Tsouprake's are here and 
operating already, Councilwoman Julie Combs said she wanted the city 
to explore a "safe harbor" program to protect good operators who 
might otherwise fear repercussions from the city for coming forward.

She hoped, for example, that existing businesses wouldn't have to 
clear out their existing spaces and "hide it in the truck" to satisfy 
some requirement that buildings can't be occupied for such uses until 
approved by the city.

"I think that would be pretty silly," she said.

The council directed the cannabis policy subcommittee to explore such 
a program and return to the council with a proposal.
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MAP posted-by: Jay Bergstrom