COUNTY BANS POT DISPENSARIES

Officials Have 45 Days To Study Permanent Ban Or Regulation Of The Facilities

San Benito County this week imposed a temporary moratorium on medical
marijuana dispensaries, approving an ordinance that allows 45 days to
consider ways to regulate or prohibit pot clubs.

The Board of Supervisors unanimously approved the measure on Tuesday
at the recommendation of Gary Armstrong, the county's director of
planning and building inspection services. The cities of Hollister
and San Juan Bautista previously adopted bans on dispensaries.

"Currently, no zoning designation in the San Benito County Zoning
Ordinance permits medical marijuana dispensaries, clubs, collectives
or other such businesses and therefore the use is considered
prohibited," Armstrong said in a report to the board.

The approval of the urgency ordinance allows county staff time to
study the issue and return to the board with an ordinance either
regulating or banning dispensaries, including collectives,
cooperatives, clubs and clinics. Tuesday's vote allows for
supervisors to vote on extending the moratorium for up to two years
after its expiration in April, though those who addressed the issue
at the meeting hope for a decision after the initial study period.

"I think this is appropriate action by the board today," said
Supervisor Anthony Botelho, who called dispensaries "to a degree, a farce."

"There's a lot more going on under the surface" at the facilities, he
added, noting that the county's limited resources make it difficult
to monitor activities there. "I hope we as a board and a county move
to ban dispensaries."

The urgency ordinance was spurred by the opening of a Purple Cross Rx
medical marijuana dispensary on Bolsa Road near Flynn Road. County
officials have said the facility is on land zoned for agricultural
uses and have told the landlord that his tenant, Scott McPhail, does
not have permission to operate the dispensary there. Purple Cross
previously had a location in downtown Hollister and was sued by the
city for violating zoning codes there as well.

McPhail closed the facility before the matter went to court and the
city dropped its suit. He then opened a Purple Cross location in Los
Banos and recently closed that one as well after that city cited the
same zoning concerns.

Supervisor Robert Rivas said he wants to see resolution on San Benito
County's rules regulating or banning dispensaries within the 45-day
window "so we can have our options on whether it's an outright ban or
to move forward with restrictions."

There were no speakers at the supervisors' public hearing on the
matter, which requires that the board must, 10 days prior to the
45-day deadline, issue a written report "describing the measures
taken to alleviate the condition which led to the adoption of the ordinance."

A report accompanying the emergency ordinance included a number of
findings defending the move, such as saying that dispensaries "have
the potential to cause serious harmful effects on the neighborhoods
in which they are located."

The presence of large amounts of marijuana and cash at these
facilities is a concern, the report said, as is the potential for
"burglaries, robberies, illegal sales of drugs," and driving while
under the influence of marijuana.

The report did also note that there is a potential for revenue to the
county "if the Board wishes to regulate the use versus banning the use."