LOCAL GOVERNMENT WRESTLES WITH LEGAL MARIJUANA

Carla Thompson, Shasta Lake's top planner, recalled that she felt a sense
of urgency last summer when interest in opening medical marijuana
dispensaries started growing in her city.

The nonprofit clinics had already taken root in neighboring Redding. "We
knew how many collectives were in the city of Redding at the time, and we
had some concern we might see that same thing happen here," said Thompson,
Shasta Lake's development services director.

Planners across the state have struggled with the same issues, scrambling
to come up with rules to regulate this green business since the Obama
administration last year vowed to stop frequent raids of medical marijuana
dispensaries. That declaration opened the door for cannabis collectives in
the north state and across California. But as cities and counties either
voted to ban dispensaries or place moratoriums on them, nearby cities and
counties saw collectives seeking to open in their borders. That led to
more moratoriums as city councils and boards of supervisors strove to put
the brakes on the growth and come up with regulations limiting where and
how many dispensaries could exist.

Nearly 200 California cities have either banned pot collectives or have
enforced moratoriums, according to Americans for Safe Access. The medical
cannabis advocacy group reports on its Web site that 31 cities in
California have specific ordinances for medical marijuana cooperatives.

"We shouldn't be living in an environment where one city can ban the
activity and force other cities to deal with the repercussions," Americans
for Safe Access spokesman Kris Hermes said.

Regional Impact

The city of Mount Shasta was one of those cities forced to deal with such
repercussions. This month, it extended a pot clinic moratorium it first
imposed in December for another 10 months.

Mount Shasta Mayor Michael Murray said his city was initially persuaded by
recent actions of surrounding communities, whose temporary moratoriums had
spiked interest in opening cannabis clinics in Mount Shasta.

"Mount Shasta didn't do anything when our first two opened ( in ) August,
but then Dunsmuir, Weed and Yreka all put on moratoriums and our permits
doubled with more asking questions," Murray said.

So Murray's city quickly approved the extended moratorium to give it time
to arrive at permanent rules for marijuana dispensaries.

Shasta Lake Takes Action

With an eye on Redding's proliferation of dispensaries - estimated at 20 to
40 - Shasta Lake imposed a 45-day moratorium in early September on the
dispensaries in its town before finally enacting a permanent ordinance last
month. The emergency moratorium came after two such operations - one that
opened its doors a day before the City Council approved the ban - were
approved at the staff level.

"Something like this ( medical marijuana clinics ) has the potential for
regional impacts," Thompson said.

Officials in Shasta Lake in early January adopted a permanent ordinance
that basically says marijuana collectives are allowed only on Shasta Dam
Boulevard - from Cascade Boulevard west to the railroad overcrossing.

Permits Needed

With two marijuana collectives, Shasta Lake is overshadowed by Redding,
where before the city adopted its new ordinance, there was an estimated 20
to 40 pot clinics doing business.

Under Redding's new law, the collectives must have a permit to
operate. Police Chief Peter Hansen said the city has received 20
applications to operate medical marijuana collectives in Redding.

"I think planning is done best when you have a coordinated approach," said
Pete Parkinson, the American Planning Association California Chapter's vice
president for policy and legislation. "We are much better off when we have
a regional approach to planning and similar rules apply from jurisdiction
to jurisdiction."

In an unusual step, planners around the north state got together last fall
to discuss the impact of medical marijuana dispensaries.

"We shared our approaches and how we were going to move forward," Thompson
said.

Shasta County Resource Management Director Russ Mull said it's not a fluke
that pot clinics first started proliferating in Redding - it's where most
of the people live in the north state.

Shasta County on Tuesday voted to continue talking about a proposed medical
marijuana ordinance. The new ordinance, which will be discussed again on
Feb. 23, would include zoning and permit requirements, as well as
restrictions on how much and where marijuana can be grown.

The county's ordinance was developed after supervisors turned down a 45-day
moratorium on cannabis collectives in November.

So while Shasta County continues to haggle over a specific ordinance, there
are no rules regulating medical marijuana collectives in the unincorporated
areas.

A Pressing Issue

Mull noted that cannabis collectives are topic A for planners across the state.

"If you read the e-mails from our various professionals, whether it's the
environmental ( impact ), the health or planning, it's just a chatterbox
back and forth," Mull said.

And planners are paying attention, watching what neighboring communities
are doing as they come up with rules for their own cities and counties.

"Our proposals are frankly a compilation of a half-dozen jurisdictions,"
Mull said.

In December, the city of Redding decided to allow cannabis clubs, but
imposed tight restrictions on them to ensure they operate as nonprofits
under Proposition 215. The new rules went into effect in January.

In Tehama County, Red Bluff initially proposed a ban to outlaw
dispensaries, then took it back and imposed a moratorium after public outcry.

The Tehama County Board of Supervisors is studying potential elements of a
permanent medical marijuana ordinance while a temporary ban remains in place.

Planners are also looking to the courts, an example of the thorny legal
issues surrounding pot clubs that will affect decisions.

"The result of the litigation tells us how the legal world will look at
whatever proposal the city or county has taken," Tehama County Planning
Director George Robson said.

Ultimately, the city of Redding turned to its legal department to finalize
regulations for cannabis collectives operating within the city.

"Once it was determined the basic issues here were not so much planning
related but more related to permitting as they do for card games, card
houses, those are typically taken care of by the city attorney's office or
others," Redding senior planner Kent Manuel said.

Moreover, so much about medical marijuana collectives is in flux and
working its way through the courts, Manuel said.

"There are certainly some sensitive cases working through the ( state )
Supreme Court, and the attorney's office is obviously better up to speed
than perhaps planning staff," Manuel said.

Mayor Murray in Mount Shasta said it's not his place to interpret law.

"That will all get defined more clearly over time in the state Legislature
and court system," Murray said. "But we do control zoning, permitting and
other municipal regulations."