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.
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MAP posted-by: Jay Bergstrom