Pubdate: Fri, 25 Feb 2011
Source: Pinnacle, The (CA)
Copyright: 2011 Pinnacle Publishing Co., Inc
Contact:  http://www.pinnaclenews.com/
Details: http://www.mapinc.org/media/2145
Author: Adam Breen

COUNTY BANS POT DISPENSARIES

Officials Have 45 Days To Study Permanent Ban Or Regulation Of The Facilities

San Benito County this week imposed a temporary moratorium on medical 
marijuana dispensaries, approving an ordinance that allows 45 days to 
consider ways to regulate or prohibit pot clubs.

The Board of Supervisors unanimously approved the measure on Tuesday 
at the recommendation of Gary Armstrong, the county's director of 
planning and building inspection services. The cities of Hollister 
and San Juan Bautista previously adopted bans on dispensaries.

"Currently, no zoning designation in the San Benito County Zoning 
Ordinance permits medical marijuana dispensaries, clubs, collectives 
or other such businesses and therefore the use is considered 
prohibited," Armstrong said in a report to the board.

The approval of the urgency ordinance allows county staff time to 
study the issue and return to the board with an ordinance either 
regulating or banning dispensaries, including collectives, 
cooperatives, clubs and clinics. Tuesday's vote allows for 
supervisors to vote on extending the moratorium for up to two years 
after its expiration in April, though those who addressed the issue 
at the meeting hope for a decision after the initial study period.

"I think this is appropriate action by the board today," said 
Supervisor Anthony Botelho, who called dispensaries "to a degree, a farce."

"There's a lot more going on under the surface" at the facilities, he 
added, noting that the county's limited resources make it difficult 
to monitor activities there. "I hope we as a board and a county move 
to ban dispensaries."

The urgency ordinance was spurred by the opening of a Purple Cross Rx 
medical marijuana dispensary on Bolsa Road near Flynn Road. County 
officials have said the facility is on land zoned for agricultural 
uses and have told the landlord that his tenant, Scott McPhail, does 
not have permission to operate the dispensary there. Purple Cross 
previously had a location in downtown Hollister and was sued by the 
city for violating zoning codes there as well.

McPhail closed the facility before the matter went to court and the 
city dropped its suit. He then opened a Purple Cross location in Los 
Banos and recently closed that one as well after that city cited the 
same zoning concerns.

Supervisor Robert Rivas said he wants to see resolution on San Benito 
County's rules regulating or banning dispensaries within the 45-day 
window "so we can have our options on whether it's an outright ban or 
to move forward with restrictions."

There were no speakers at the supervisors' public hearing on the 
matter, which requires that the board must, 10 days prior to the 
45-day deadline, issue a written report "describing the measures 
taken to alleviate the condition which led to the adoption of the ordinance."

A report accompanying the emergency ordinance included a number of 
findings defending the move, such as saying that dispensaries "have 
the potential to cause serious harmful effects on the neighborhoods 
in which they are located."

The presence of large amounts of marijuana and cash at these 
facilities is a concern, the report said, as is the potential for 
"burglaries, robberies, illegal sales of drugs," and driving while 
under the influence of marijuana.

The report did also note that there is a potential for revenue to the 
county "if the Board wishes to regulate the use versus banning the use."
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MAP posted-by: Keith Brilhart