Pubdate: Mon, 09 Sep 2013
Source: Sacramento Bee (CA)
Copyright: 2013 The Sacramento Bee
Contact: http://mapinc.org/url/0n4cG7L1
Website: http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: Cathy Locke
Page: 1B

EL DORADO COUNTY PLANNING PANEL OPPOSES BAN ON MEDICAL POT DISPENSARIES

With a moratorium on new medical marijuana dispensaries in 
unincorporated El Dorado County set to expire at the end of October, 
the county Planning Commission has called for an ordinance to allow 
and regulate the facilities.

The commission at its Aug. 22 meeting objected to a proposed 
ordinance amendment, initiated by the Board of Supervisors, that 
would ban all medical marijuana distribution facilities.

"After about four hours of listening and discussion, it was the 
commission's directive to allow the existing collectives that are in 
place today," said commission Chairman Dave Pratt. "In a second 
motion, we asked the board to give us a shot at coming up with rules 
for collectives."

Pratt suggested it is time for the county to start viewing medical 
marijuana dispensaries as tax-paying enterprises that can provide 
jobs and contribute to the local economy.

Peter Maurer, principal planner with the county's Development 
Services Department, said the Board of Supervisors adopted an urgency 
ordinance in November 2011 imposing a moratorium on new dispensaries 
and subsequently extended the moratorium for another year.

After a recent court case in California upheld a general prohibition 
of dispensaries by a local government, the board decided to initiate 
a permanent ordinance amendment.

An ordinance prohibiting all medical marijuana distribution 
facilities, however, would mean that three existing dispensaries  in 
Cameron Park, Shingle Springs and Diamond Springs  would have to 
close unless they could demonstrate that they were operating prior to 
2004, when the county removed the word "dispensary" from its zoning 
code. The intent, Maurer said, was to make it clear that medical 
marijuana dispensaries were not permitted.

"There is a question whether the existing dispensaries are operating 
within the constraints of county code," he said.

Weighing in on the issue for the first time  the urgency ordinance 
required action only by the Board of Supervisors  the Planning 
Commission last month recommended amending the proposed ordinance to 
allow existing dispensaries to continue to operate.

But the commission also went a step further, recommending that the 
Board of Supervisors immediately initiate an amendment to the zoning 
code to allow new dispensaries and to set standards for their operation.

"We were in a spot where we had to make a decision that day," Pratt said.

Because the urgency ordinance expires Oct. 30, the board needs to 
adopt an ordinance at its Sept. 24 meeting.

"We need to have something in place so there's not a free-for-all 
(when the urgency ordinance expires)," Maurer said.

The Board of Supervisors has not been receptive to medical marijuana 
dispensaries. "The board made it clear in previous actions that it 
did not want to see them," Maurer said.

Pratt said he visited two of the three existing dispensaries prior to 
the Planning Commission meeting and was impressed with what he saw. 
"There's a lot more science involved than 10 years ago," he said. 
"It's not reefer madness."

Although they haven't achieved the quality control of a traditional 
pharmaceutical operation, the facilities he visited appear to be 
moving in that direction, Pratt said.

All together, the three dispensaries serve approximately 5,000 
clients on a regular basis each month, he said. In providing 
marijuana in topical form or in food products, Pratt said, they offer 
alternatives for people who don't want to smoke.

Although county supervisors have consistently opposed allowing 
dispensaries in the unincorporated area, the Placerville City Council 
adopted ordinances in 2006 permitting dispensaries in its jurisdiction.

Before the city, too, imposed a moratorium in 2010, two dispensaries 
opened and closed at the same Main Street location. The City Council 
refused to renew the permit for the second one, Mountain Meds, in 
April 2009 because of what city officials characterized as shoddy 
bookkeeping that raised questions about the business's legitimacy.

When the 2010 moratorium was imposed, City Attorney John Driscoll 
cited a recent California Supreme Court decision eliminating 
restrictions on the amount of marijuana a qualified patient could 
possess, saying the ruling had created an impossible situation for 
police attempting to enforce operating requirements and restrictions 
on dispensaries.

In November 2011, the council adopted an ordinance prohibiting 
medical marijuana dispensaries within the city.

Pratt said operators of existing dispensaries told the Planning 
Commission they would welcome an ordinance setting standards for 
their operations, seeing county regulation as a way to help them 
become more legitimate and viable.
- ---
MAP posted-by: Jay Bergstrom