SUPERVISORS FREEZE THE NUMBER OF POT COOPERATIVES ALLOWED

Kern County supervisors on Tuesday put a 45-day moratorium on the
establishment of new medical marijuana collectives or cooperatives in
the unincorporated areas of Kern County.

They also made it clear they could extend the ban for up to two
years.

While the moratorium is in place, new medical marijuana businesses
will not be allowed to open. Existing collectives or cooperatives will
not be allowed to change locations. If they do, they will not be
allowed to reopen.

Reports from the Kern County Counsel's office cited the need to limit
the potential negative impacts of collectives and cooperatives on
surrounding neighborhoods as justification for the limits.

Medical marijuana supporters worried that a moratorium could cause
problems for existing cooperatives, from limiting their ability to
move to a better location to exposing them to rent hikes from
landlords who are aware they cannot move.

Ed Sulla of Bakersfield NORML, a pro-legalization group, said there
are pharmacies all over Bakersfield and the need for new collectives
will grow as the number of patients grows.

But supervisors said the county will, sometime, need to craft further
regulations to control where the collectives and co-ops are located,
the quality of product they dispense and other issues.

They agreed that state law, court cases and an opinion by the
California Attorney General's office still leave significant questions
about how strongly a city or county can regulate medical marijuana.

"This is a public policy nightmare," said Supervisor Michael
Rubio.

Supervisors acknowledged now may not be the right time to adopt new
regulations on the businesses. County Counsel Theresa Goldner made it
clear a measure on the November ballot could legalize recreational use
of marijuana and possibly render medical marijuana regulations that
Kern County might develop obsolete.

Numbers

What was unclear Tuesday was exactly how many medical marijuana
collectives and cooperatives exist here.

Goldner said her office has identified 22. But several operating
collectives -- identified by the media and though public comment --
were not on that list.

Sheriff Donny Youngblood said there are definitely more medical
marijuana businesses operating in Kern County.

"The 22 number is under-inflated. It could be twice that," he said.
"We are working criminal investigations on most of those
dispensaries."

County Development Services Agency Director Ted James said there are
currently five collectives or cooperatives waiting for building
permits from the county.

Goldner said her office will identify exactly which businesses were in
operation as of Tuesday's decision and those would remain in operation
unless they closed or moved.

Road forward

Ultimately the Board of Supervisors will need to struggle with how to
integrate medical marijuana businesses into Kern County.

Attorney Phil Ganong tried to convince them to convene a committee of
law enforcement, business operators, county lawyers and concerned
community members to discuss the complicated, emotion-charged issue
and come up with regulations that will control the operation of the
businesses in Kern County.

He said he supported Youngblood's efforts to crack down on
cooperatives and collectives that operate illegally, dragging down
legitimate, legal businesses that are trying to do the right thing.

But supervisors simply asked Goldner's office to research the
issue.

"I don't want to create a forum that will empower -- create an
environment where it might make it more difficult to reach consensus
on this," Supervisor Mike Maggard said.

Ganong, whose son is a medical marijuana patient, said the supervisors
and sheriff are still operating off old prejudices about marijuana.

"You're elected to carry out the will of the people, not your personal
agenda or an agenda set by the police chiefs -- with all due respect,"
he told them.

Maggard, following the meeting, said he wants full input from people
on both sides of the issue but he doesn't want to create a venue for
debate where a small group of people could derail regulation just
because it has a vote on the committee.

"That's minority rule," he said.

Maggard said Goldner will look for input from all sides and everyone
will have a chance to speak their mind when supervisors hold public
hearings on the issue of medical marijuana regulations.