Pubdate: Sun, 21 Aug 2011
Source: Reporter, The (Vacaville, CA)
Copyright: 2011 The Reporter
Contact:  http://www.thereporter.com/
Details: http://www.mapinc.org/media/472
Author: Melissa Murphy
Bookmark: http://mapinc.org/topic/Dispensaries

SOLANO COUNTY SUPERVISORS SEEKING BAN FOR MARIJUANA DISPENSARIES

The Solano County Board of Supervisors is moving forward to ban 
medical marijuana dispensaries in unincorporated areas of the county.

Supervisors last month denied a request from a dispensary owner to 
amend zoning codes to allow dispensaries. Board members asked staff 
to bring back potential ordinance changes that would, in essence, ban 
medical marijuana dispensaries.

On Tuesday, supervisors will consider adopting an interim urgency 
ordinance that imposes a 45-day moratorium on any business or 
facility that cultivates, sells and distributes medical marijuana in 
unincorporated Solano County. They will also decide whether to hold a 
public hearing Oct. 4 to consider an extension of the urgency ordinance.

Staff explained in a report to the board that an increase in the 
number of cities and counties in the region have adopted ordinances 
prohibiting such dispensaries, which places increased pressure to 
locate those facilities in Solano County.

There have been strong signals, according to staff, from the federal 
government that it will take aggressive action against local agencies 
that abet the commercial distribution of medical marijuana, because 
it violates federal marijuana laws.

Still, the county's zoning ordinance says that dispensaries are 
permissible in the Neighborhood Commercial and Business and 
Professional Office zoning districts.

Additionally, there is a pending business license application for a 
facility that may have part of its operation involved the 
distribution of medical marijuana.

"Staff does not want to be in a position of having to act on the 
application until the exact nature of the use is known, nor do we 
want to act prematurely on the application in light of the board's 
recent direction to come back with an ordinance banning medical 
marijuana facilities," the report's authors wrote.

County staff admit that there are challenges in navigating between 
the state and federal laws and standards.

"Staff believes it is prudent and appropriate to establish a 
moratorium until the county assesses the best approach to address the 
board's direction and comply with federal and state law," the report noted.

At the end of the 45-day moratorium, staff will inform the board 
about the status of the analysis and either recommend ordinance 
changes or identify areas where further study is needed.

If the board chooses to extend the initial 45-day moratorium, the 
maximum extension allowed is an additional 10 months and 15 days.

The Solano County Board of Supervisors meets at 9 a.m. Tuesday in the 
County Government Center, 675 Texas St., Fairfield.
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MAP posted-by: Jay Bergstrom