MARIJUANA DISPENSARY FIGHT GOES ON

A medical-marijuana dispensary continues to fight for its right to
open in an Old Town Orcutt building, even though neighbors hope it
goes up in smoke and the building's owner passionately denies any
lease agreement.

The proposed Wellness Center Commercial Center, a medicinal marijuana
dispensary, was approved by the Santa Barbara County Planning and
Development Department director in July, but community members donated
more than $600 to appeal the project.

The appeal is set to be heard by the county Planning Commission
Wednesday. The panel meets at 9 a.m. in the Betteravia Government
Center at 511 E. Lakeside Parkway in Santa Maria.

With the appeal in progress, the compassionate care organization
represented by Santa Maria attorney William Wolf has not been able to
set up shop at 125 W. Clark Ave.

Several calls made over two days to Wolf were not returned.

At the time of the permit approval, Wellness Center had a lease
agreement or approval from Orcutt Trade Center owner Greti Croft,
according to county planning documents.

Croft said that she initially was led to believe Wellness Center was
strictly an all-natural homeopathic products retailer.

But once she realized her new tenant would be a marijuana dispensary,
Croft said, she canceled the agreement.

It was a six-month lease, so they'd be three months into it, and I
haven't gotten any money from them," Croft said Thursday, adding that
she previously had returned the deposit and last month's rent.

She expressed surprise when told that the pot clinic was still
proceeding as though there was indeed a lease agreement in place.

Her name is listed under the applicants on the Wellness Center's
permit application to the county.

E-mails and faxes would be sent out, she promised before repeating,
"If my tenants don't want it, I don't want it."

County documents list five appellants, including the America Legion
Orcutt Post 534, located next door to the Orcutt Trade Center, and
Chuck Williams, president of Residents For Old Town Orcutt
Preservation (ROTOP).

Also named are nearby business owners, who joined in the arguments
listed in the appeal, such as the effect on the character and safety
of Orcutt and the fact that, unlike California state law, federal law
prohibits the sale of medical marijuana.

In letters submitted to the county, opponents of the dispensary
identified the number of schools in the vicinity, and included
statistics from other communities that have seen an increase in crime
with the influx of pot clinics.

They're illegal and they cause problems," said Gene Baird, Orcutt
American Legion commander.

In response to the appellants claims, planning staff maintains that
"the proposed project is consistent with other uses allowed in this
zone district."

Tenants of the Orcutt Trade Center had expressed concerns that
marijuana would be changing hands in the leased office space, but
recently the Wellness Center redefined its business plan.

Previously, patients 18 years or older with a valid identification,
prescription and Wellness Center membership card could pick up their
marijuana on site.

The adjusted plan would hike the age limit to 30 years , and the
product would be stored at the office site, but delivered to the
patient, according to county planning staff.

The land-use permit application also lists the Wellness Center's plans
to sell nutritional supplements and herbal medicine.

Last year, Buellton, Santa Maria and other Central Coast cities passed
ordinances that at least temporarily prohibited the establishment of
storefront medical marijuana dispensaries, but Orcutt is under Santa
Barbara County jurisdiction.

The county has not passed an ordinance banning pot clinics in
unincorporated communities, such as Orcutt.