Pubdate: Tue, 25 Mar 2014
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2014 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Sean Scully

SUPERVISORS REJECT POT DISPENSARY SOUTH OF SANTA ROSA

Sonoma County supervisors rejected a proposed medical marijuana
dispensary south of Santa Rosa on Tuesday, saying it was too close to
a residential area and two school bus stops.

The owner of the Sonoma County Collective, the nonprofit that wanted
to set up the dispensary at 4170 Santa Rosa Ave., however, said the
supervisors were simply determined to use zoning rules to prevent
medical marijuana businesses from opening.

"You got what you wanted; congratulations," collective founder Asa
Shaeffer cried out at the supervisors after the 4-1 vote. "I am not a
drug dealer."

His attorney, Arthur D. Hodge, said he intended to file suit against
the county, possibly as early as this week.

"We obviously answered all the questions" raised by county planning
staff, he said. The supervisors "were reaching for something to base
their decision on."

Supervisors rejected an unrelated dispensary proposal at the same site
in 2012 by a 3-2 vote, again arguing it was too close to nearby homes
and the bus stops, which serve the Bellevue Unified School District.

Shaeffer said he had invested tens of thousands of dollars to meet the
objections raised in the previous proposal, including installing a
redwood-plank fence to screen the property from neighbors and kids at
the bus stops. He promised extensive security and rigorous vetting of
his customers to maintain order at the site.

Dozens of supporters packed Tuesday's hearing and argued passionately
that Sonoma County Collective is compassionate and well-run. They said
the supervisors were applying inappropriate standards to a legal business.

"I simply want to get my pain medication and go home," said disabled
veteran Gibson Best of Windsor. "Nothing I am doing is humiliating ..
I don't want people telling me that kids shouldn't be seeing what I am
doing."

Supervisors denied that they were against medical marijuana, but
rather objected to the details of the site. Supervisor Shirlee Zane,
who represents the area and led the criticism of both dispensary
proposals, said she favors fully legalized marijuana. Chairman David
Rabbitt said "as a society we are a bunch of hypocrites" in
prohibiting marijuana while allowing drugs such as alcohol and tobacco
to be sold openly.

The board did, however, seem to waver in opposing the proposal.
Supervisors Efren Carrillo and Mike McGuire, both of whom voted in
favor of the previous proposal at the site, and Susan Gorin at first
seemed sympathetic to Shaeffer's plan.

The tide appeared to turn, however, as the Sonoma County Collective's
supporters testified to the quality and convenience of Shaeffer's
business, which is handled on a home delivery basis. Supervisors
questioned whether a home delivery business was permitted under the
zoning ordinance.

Planning staff said the zoning ordinance requires that dispensaries
operate out of a physical store, where customers must come in to
purchase their product.

"You seem to be running a business without permits," Gorin told
Shaeffer.

Shaeffer said County Planner Blake Hillegas had given him a permit to
run a delivery service from another location, but Hillegas said after
the meeting that he did not recall any such discussion with Shaeffer.

Attorney Hodge said he did not know what kind of permits Shaeffer
might have currently, but he would discuss it with him.

In the end only Supervisor Efren Carrillo supported Shaeffer's plan.
He said the county was "sending the wrong message" by making it so
difficult for the collective to establish its business.

"To me, it's a retail enterprise providing lawful items that have a
lawful use," he said.
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MAP posted-by: Matt