Pubdate: Fri, 06 Aug 2010
Source: Chico Enterprise-Record (CA)
Copyright: 2010 Chico Enterprise-Record
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Website: http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Toni Scott

LOCALS STAND UP FOR POT DISPENSARIES AT CHICO PLANNING COMMISSION
MEETING

CHICO -- If medical marijuana dispensing collectives are permitted in
Chico, local Realtor Dan Beveridge said more than just marijuana
growers and collective owners stand to profit.

Speaking before the Chico Planning Commission Thursday night,
Beveridge said the crippled commercial real estate market could get a
much-needed boost if dispensaries are allowed to legally set up shop
in Chico.

Beveridge, who was approached last year by Citizen Collective - a
proposed Chico medical marijuana dispensary - said he was initially
"pessimistic" when asked to help the nonprofit find a location to operate.

But after working with the organization and its executive director
Dylan Tellesen, a local artist and Butte College instructor, as well
as local commercial property owners, Beveridge said he now sees the
possibility that lies with medical marijuana dispensaries.

"In an economic perspective, I think it could be a boon," Beveridge
said.

Beveridge was among about a dozen speakers who addressed the
commission Thursday, all of whom generally spoke in favor of the
ordinance that would allow for the cultivation, processing and
distribution of medical marijuana by dispensing collectives. The
ordinance also addresses residential marijuana grows.

The Chico City Council initially reviewed the draft ordinance in May,
forwarding the potential municipal code amendment to the Planning
Commission for a public hearing.

Currently, the city's municipal code prohibits the distribution of
marijuana by collectives or cooperatives. Residential marijuana grows
are not regulated.

The ordinance would amend the city's municipal code to permit
dispensing collectives in light manufacturing and industrial zones, as
well as general manufacturing and industrial zones within the city.

Mark Wolfe, city interim planning services director, said there have
been two dispensing collectives in recent months that have set up shop
within the city limits. A number of dispensaries also exist in the
outlying Chico area.

Wolfe said both dispensaries in the city limits were notified that
they were in violation of the city's municipal code, and one has since
ceased operations.

Wolfe said the other dispensing collective - previously reported to be
Doctor's Orders Co-Op Inc. at 4950 Cohasset Road - has refused to
comply with the city's code and is incurring fines for failing to shut
its doors.

If the medical marijuana ordinance is passed, however, dispensaries
like Doctor's Orders, may be allowed to legally exist in Chico- at
least from a land-use perspective.

The dispensing collectives would be monitored under a city permit
process, with the permit reviewed annually. Dispensing collective
operators would be subject to criminal background checks.

As it is currently written in its draft form, dispensing collectives
would be prohibited within 300 feet of any residential zoning district
or 1,000 feet of any school.

Richard Tognali, operator of Chico's SOS Collective, told the
commission he was pleased with the parameters of the ordinance as it
relates to dispensaries.

"I see nothing I can't comply with," Tognali said.

However, Tognali said he took issue with the regulations on
residential marijuana grow sizes, which he called "narrow-minded."

Under the ordinance, residential medical marijuana grows are
recommended to be limited to 50 square feet and all plants would be
required to be at least five feet from the property line and within an
enclosed side-or backyard.

A permit would be required for indoor grows.

The commission was expected to specifically review the grow size
limitations, among other specific ordinance provisions, but with a
previous agenda item exhausting most of the night, the commission
opted to delay offering any recommendations on the ordinance.

Instead, the commission asked for further information on the reasoning
behind the specific setbacks required for dispensaries in relation to
schools, and possibly day-care facilities, as well as the
justification for why certain zoning areas were chosen for
dispensaries.

Some commissioners also asked for more information regarding the sale
of marijuana-related paraphernalia at collectives.

City staff recommended the sale of paraphernalia be banned at
collectives, though at least two commissioners - Kathy Barrett and Jon
Luvaas - said they were opposed to the recommendation.

"That's an important service to the patient that needs to be allowed,"
Luvaas said.

The commission voted to delay any formal decision on the ordinance
until Sept. 16.

All recommendations from the commission will be forwarded to the City
Council for final approval. 
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MAP posted-by: Jo-D