Pot Shops

SANTA BARBARA STILL TANGLED IN TURMOIL OVER MARIJUANA DISPENSARIES

After losing a court ruling, the Santa Barbara City Council is
considering a change to its 2010 medical marijuana dispensary
ordinance, a move that could allow five dispensaries to operate
within city limits.

The City Attorney recommended changes to the ordinance after a recent
court ruling against the city in a lawsuit by one of the dispensaries
that was ordered to close down due to the new ordinances.

Santa Barbara Mayor Helene Schneider predicted an easy passage for
changes, believing they were reasonable given the court rulings.

"I hope to get a 7-0 vote out of it," Schneider said.

The trouble began when a number of dispensaries began cropping up in
Santa Barbara in 2007-2008. In response, the city created zoning
ordinances for dispensaries in March of 2008.

Concern began to grow over the dispensaries as a number of them were
accused of violating state laws. They were shut down or raided. In
2010, the city revisited its regulations, opting to change the
ordinance, putting a limit on three dispensaries in the city.

The city also extended from 500 to 600 feet the minimum distance that
a dispensary could operate from a school.

These changes put the Green Well, located 532 feet from Santa Barbara
Junior High, in violation of the ordinance.

The city gave the owners six months to close down their business.

Instead, they sued, arguing that the city's order violated their
Constitutional rights. In a preliminary hearing, federal court judge
Dean Pregerson granted them an injunction against the city's order,
writing that it violated their "due process".

According to the City Attorney, though a preliminary ruling isn't
final, it does indicate that Pregerson would likely side with the plaintiffs.

Furthermore, Pregerson would also be presiding over a similar case
with the Green Light dispensary on Olive Street, an area designated
to be outside of the five zones permitted to operate dispensaries. No
rulings have been made in that case yet, but the similarities suggest
they would not favor the city.

On Jan. 11, City Attorney Stephen Wiley went to the City Ordinance
Subcommittee to propose amending the City's June ordinance to allow
exemptions for the two dispensaries.

Wiley stressed that the amendment would only exempt them from the
zoning requirements provided by in the 2010 amendment. They would
still have to comply with the 2008 ordinance and cannot cease
operations for longer than 30 days.

The subcommittee, composed of council members Frank Hotchkiss, Grant
House, and Bendy White voted to approve the amendments. House cast
the lone dissenting vote on the 2010 ordinance, citing the effect on
the two dispensaries.

Though they are "grandfathered" by the amendments, the dispensaries
cannot transfer their permits to another operator. Should the
operators leave or close down business, they could not be replaced.

Owners of the Green Well and Green Light could not be reached for
comment on how the amendments would affect their cases against the city.

Jaime Merrick, operator of Pacific Coast Collective, said the
amendments won't affect him directly as his location is within the
2010 guidelines. But Merrick said he and the other dispensaries are
wondering if the Green Well and Green Light day-to-day operations
have to conform to the 2010 amendments.

Merrick said that the new ordinance restricted membership to Santa
Barbara City residents, required 24 hour confirmation period before a
patient can use the dispensary's service, put in a 6 p.m. curfew, and
prevented operations on Sunday. The 2008 ordinance does not have
these restrictions.

"Is there going to be fair business practice enforced?" Merrick
asked. "Or will these two clubs that have injunctions have an unfair
business advantage over the store fronts that have been compliant?"

Schneider doesn't believe there will be any lingering effects on the
city's dispensary policies. She said the new guidelines were there to
make sure the dispensaries were not clustered in one neighborhood.

"My philosophy is to provide reasonable access for people who need
and have doctor recommendations and also create enough regulation so
that we know it's a safe operation," Schneider said.

Marijuana dispensaries have been a heated topic in Santa Barbara
politics. The council has tightened their restrictions on
dispensaries over the years, and a ballot initiative, Measure T,
banning dispensaries in the city lost at the polls in November amid a
campaign that included vandalism on pro-T signs.