POT DISPENSED IN THE CITY, TOO

As Kern County prepares to discuss how to handle the burgeoning
number of medical marijuana collectives and cooperatives here, the
city of Bakersfield is just learning that it, too, may have an issue
with the businesses.

Bakersfield City Council members passed a resolution in 2004
declaring that medical marijuana dispensaries were not allowed to
open inside the city's boundaries.

But cooperatives and collectives have opened despite the rule.

At least four collectives are tucked into commercial areas around the
city -- on Haley Street just north of Highway 178, on Baker Street in
the heart of Old Town Kern, in a commercial strip along Easton Drive
and on 27th Street near San Joaquin Hospital.

Technically they are in violation of city land use rules drafted in
city council Resolution 252-04.

The rule, which does not carry the power of law, would ban
dispensaries unless they applied for and received a conditional use
permit from the city, said city Development Director Jim Eggert.

There is no ban of medical marijuana businesses, Eggert said. But the
process of getting approval from the city would put the applicants in
front of city officials in a public meeting.

"It doesn't mean they couldn't get a conditional use permit," Eggert
said. "Of course, getting approval might be hard."

Eggert said no dispensaries, collectives or cooperatives have
approached his office asking for a conditional use permit.

Most of the collectives and cooperatives which sit in the city were
hesitant to talk about how their businesses opened and what
regulations they had to satisfy to open their doors.

Two referred questions to their attorney, one was closed on Monday
and the fourth said there was nobody available to answer questions.

City Attorney Ginny Gennaro said the city wasn't aware of the
cooperatives and collectives because no complaints about the
businesses had been filed with the city.

Law enforcement officers, Gennaro said, will need to confirm that
businesses are operational and that they are not violating any of the
laws and rules that govern collectives and cooperatives.

Then, if all was clear on the legal front, members of the Bakersfield
City Council would have to determine how to handle the violation of
their policy, she said.

If the council did wish to challenge the existing collectives and
cooperatives then council members would have to choose to file a
civil lawsuit against the business.

COUNTY LIST

Kern County Supervisors will take up discussion of an even longer
list of medical marijuana dispensaries, and what to do with them,
during today's meeting.

A list of 22 medical marijuana collectives located in Kern County has
apparently lengthened since it was released Thursday afternoon.

Supervisors don't have jurisdiction over businesses inside incorporated cities.

But Supervisor Mike Maggard incorporated the four city collectives
into an updated list and added a new business located in Ridgecrest.

Channel 29 Eyewitness News located another business on Kern Canyon
Road on Friday and The Californian, on Monday, identified an
additional spot on Norris Road in what was previously the Maggie's
Cafe restaurant.

That apparently increases the number of brick-and-mortar businesses
operating in Kern County to 29 and in the metropolitan Bakersfield area to 25.

Maggard's list also identifies two businesses which do not,
apparently, have a physical presence in Kern County. One only exists
as an address assigned to a mail box store on White Lane and the
other is only listed on the internet.

Supervisors will take up the medical marijuana issue at 9 a.m. in the
Kern County Administrative Center at 1115 Truxtun Avenue in Bakersfield.