COUNCIL WORKING TO ESTABLISH POLICY ON MEDICAL MARIJUANA DISPENSARIES

The city of Arcata is continuing to work toward a solution as to how
to regulate medical marijuana dispensaries and grow operations.

The Arcata City Council tackled a number of topics specific to
dispensaries at a study session at the Arcata Community Center
Tuesday, exploring potential site and design criteria as well as the
possibility of establishing a temporary moratorium on new dispensaries.

While the council did not take any actions, it did form more of the
groundwork for establishing a future city policy.

As the city is in the process of developing the Land Use Code, a
comprehensive policy on the regulation of marijuana grow houses and
clinics has yet to be adopted.

As it stands, the city allows dispensaries in the central business
district, but does not permit dispensing and growing in the same location.

Most recently, the council was faced with the question of whether to
uphold Planning Commission's determinations on a building permit
application for a medical marijuana facility located at 601 I St.

The Planning Commission determined that dispensing marijuana is a
"medical office-type" use, and that growing marijuana is an
agricultural-type use, as defined by the city's Land Use and Development Guide.

At the time, the council was divided over what standards should be
set as well as whether to uphold the determinations, in part because
a policy on clinics has not been set.

A temporary emergency moratorium on allowing new dispensaries into
the city would freeze approval of new dispensaries while the council
develops a policy.

Applicants could still apply and go through the conditional use
permit process, said Community Development Director Larry Oetker.

"The interim emergency ordinance would apply to both the coastal zone
and outside the coastal zone," he said.

If the council drafts standards, they would not be effective inside
the coastal zone until the Coastal Commission adopts those -- which
could take approximately a year, Oetker said.

To introduce and adopt an ordinance that would be effective outside
the coastal zone could be done in about two months, he said.

The council's last direction, Oetker said, was to provide direction
on dispensaries and growing policies and send it to the Planning
Commission to begin developing standards.

"We did agree to set accessory use as a limit for grow houses," said
Councilmember Harmony Groves.

"This is a nontraditional medicine use and we need a new definition," she said.

Mayor Mark Wheetley said a moratorium may sound harsh, but it is reversible.

"It allows for some breathing space for some smart decisions to be
made," he said.

In considering potential site criteria, the council discussed the
possibility of requiring separate dispensing and growing locations,
overlay zones and buffer zones around dispensaries.

Several council members questioned what would happen if clinics could
only dispense what they grew on site, which they said could work as a
way to provide security measures, lessening the transport of medical
marijuana and the proliferation of commercial grows.

Overlay zones would allow the council to designate a specific portion
of the city to cite the clinics, while buffer zones would prevent
dispensaries from locating around specific areas such as schools or churches.

The council also took up discussion of design standards, size limits
and numbers of clients as well as environmental issues.

Safety was a concern to some, regarding both clinic operations and
grow houses, which the council did not discuss Tuesday.

"I personally have a concern of large-scale storage of marijuana,"
said Arcata Police Chief Randy Mendosa, who noted past home invasions
in the city.

"The violence is what I am most concerned about," he said.

"There's a disconnect here that I see -- the assumption a dispensary
is a pharmacy," one resident commented.

"We are frankly tired of it in our neighborhoods," another resident said.

Others spoke of the need to remember the compassionate use standards
outlined by Prop. 215.

Resident Bob Ornelas said he didn't see the need for an emergency
ordinance, but saw an opportunity to accommodate a low-impact, clean
industry, possibly through amending the General Plan.

"I think you have an opportunity to accommodate these shops that are
paying sales tax," he said.

The problem with grow houses is a "different animal," he said.