Pubdate: Mon, 23 Aug 2010 Source: Bakersfield Californian, The (CA) Copyright: 2010 The Bakersfield Californian Contact: http://www.bakersfield.com/ Details: http://www.mapinc.org/media/36 Author: James Burger Bookmark: http://mapinc.org/topic/Dispensaries Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) POT DISPENSED IN THE CITY, TOO As Kern County prepares to discuss how to handle the burgeoning number of medical marijuana collectives and cooperatives here, the city of Bakersfield is just learning that it, too, may have an issue with the businesses. Bakersfield City Council members passed a resolution in 2004 declaring that medical marijuana dispensaries were not allowed to open inside the city's boundaries. But cooperatives and collectives have opened despite the rule. At least four collectives are tucked into commercial areas around the city -- on Haley Street just north of Highway 178, on Baker Street in the heart of Old Town Kern, in a commercial strip along Easton Drive and on 27th Street near San Joaquin Hospital. Technically they are in violation of city land use rules drafted in city council Resolution 252-04. The rule, which does not carry the power of law, would ban dispensaries unless they applied for and received a conditional use permit from the city, said city Development Director Jim Eggert. There is no ban of medical marijuana businesses, Eggert said. But the process of getting approval from the city would put the applicants in front of city officials in a public meeting. "It doesn't mean they couldn't get a conditional use permit," Eggert said. "Of course, getting approval might be hard." Eggert said no dispensaries, collectives or cooperatives have approached his office asking for a conditional use permit. Most of the collectives and cooperatives which sit in the city were hesitant to talk about how their businesses opened and what regulations they had to satisfy to open their doors. Two referred questions to their attorney, one was closed on Monday and the fourth said there was nobody available to answer questions. City Attorney Ginny Gennaro said the city wasn't aware of the cooperatives and collectives because no complaints about the businesses had been filed with the city. Law enforcement officers, Gennaro said, will need to confirm that businesses are operational and that they are not violating any of the laws and rules that govern collectives and cooperatives. Then, if all was clear on the legal front, members of the Bakersfield City Council would have to determine how to handle the violation of their policy, she said. If the council did wish to challenge the existing collectives and cooperatives then council members would have to choose to file a civil lawsuit against the business. COUNTY LIST Kern County Supervisors will take up discussion of an even longer list of medical marijuana dispensaries, and what to do with them, during today's meeting. A list of 22 medical marijuana collectives located in Kern County has apparently lengthened since it was released Thursday afternoon. Supervisors don't have jurisdiction over businesses inside incorporated cities. But Supervisor Mike Maggard incorporated the four city collectives into an updated list and added a new business located in Ridgecrest. Channel 29 Eyewitness News located another business on Kern Canyon Road on Friday and The Californian, on Monday, identified an additional spot on Norris Road in what was previously the Maggie's Cafe restaurant. That apparently increases the number of brick-and-mortar businesses operating in Kern County to 29 and in the metropolitan Bakersfield area to 25. Maggard's list also identifies two businesses which do not, apparently, have a physical presence in Kern County. One only exists as an address assigned to a mail box store on White Lane and the other is only listed on the internet. Supervisors will take up the medical marijuana issue at 9 a.m. in the Kern County Administrative Center at 1115 Truxtun Avenue in Bakersfield. - --- MAP posted-by: Jay Bergstrom