Pubdate: Wed, 17 Aug 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

FOUR POT COLLECTIVES MAY PROCEED

SAN DIEGO - Four medical marijuana collectives that applied for 
permits from San Diego County will be allowed to proceed with their 
plans for facilities despite a moratorium on new places to grow or 
distribute the controversial substance.

The collectives in North and East County were far enough along in the 
permit process when the ban was put in place in March, and the county 
determined that they have the right to continue with their plans for 
three new dispensaries and one indoor cultivation center. The county 
also determined that another facility that wasn't as far into the 
approval process may not proceed.

The decision effectively limits unincorporated parts of San Diego 
County to no more than five dispensaries, including the two that are 
already open, until at least the spring of 2017. In March, 
supervisors enacted and subsequently extended a moratorium on new 
medical marijuana facilities. But as they shut the door on new 
dispensaries and cultivation centers, several collectives were 
already busily working through the county's permit process, and found 
their plans in limbo because of the moratorium.

The county's determination puts nearly all of those back on track to 
open dispensaries and grow rooms.

"While some establishments were too far along in the process to be 
stopped, I still feel strongly that the board did the right thing by 
adopting a moratorium and exploring tougher requirements for new 
dispensaries going forward. It's critical to remember that marijuana 
remains prohibited under federal law and we still lack certainty on 
if the federal government will resume enforcement," Supervisor Dianne 
Jacob said. Many of the proposed facilities were in her district.

The county determined that collectives had vested rights for four facilities:

A dispensary at 1210 Olive St. in Ramona.

A dispensary at 618 Pine St. in Ramona.

A dispensary at 8530 Nelson Way in Escondido.

Converting a warehouse into an indoor cultivation center at 8157 Wing 
Ave. in El Cajon. This location already has an operational dispensary.

The county determined that another location at 287 Vernon Way in El 
Cajon did not spend a significant-enough amount on construction in 
order to have the right to proceed with its plans.

Besides the dispensary on Wing Avenue that plans to expand with a 
cultivation center, the other open dispensary is Show Grow at 736 
Montecito Way in Ramona.

The dispensaries received the county's blessing as the county 
considers a series of new regulations that would make it tougher to 
open medical marijuana facilities after the moratorium expires.

The new proposed regulations suggest buffers from a quarter mile to a 
mile separating marijuana facilities from schools, playgrounds, 
parks, churches, recreation centers and youth centers, among other 
places. The buffer is currently 1,000 feet.

County Planning and Development Services also proposed requiring 
applicants to get a major use permit as well as a 1,000-foot buffer 
separating marijuana facilities from homes in incorporated cities.

Another option limits each of the five supervisorial districts to no 
more than four medical marijuana facilities apiece. It's unclear if 
facilities within an incorporated city will count toward a district's 
limit. San Diego is the only of the 18 cities in the county to grant 
medical marijuana permits. San Diego has eight permitted dispensaries 
operating.

The various changes could impact some of the dispensaries that just 
received the county's blessing to proceed with plans.

"If such a change is implemented, such a property may become an 
existing non-conforming use under the County Zoning Ordinance," 
according to a county spokesman in an email. "If a collective becomes 
an existing non-conforming use, the County may incorporate an 
amortization period, which would outline a period of time in which 
the completed, permitted collective must comply with the zoning or 
cease operations."

One proposal says that facilities that do not comply with regulations 
due to changes in county policy must shut down after five years or 
make changes to fit the county's policies.

The moratorium expires on March 16, 2017, but may be extended for one 
year. Supervisors could impose a permanent ban as well.
- ---
MAP posted-by: Jay Bergstrom