DISPENSARY RULES ARE SENSIBLE

A sensible ordinance spelling out where medical marijuana
dispensaries could be located in unincorporated areas of Solano
County goes before the Board of Supervisors this afternoon.

Supervisors aren't likely to adopt it, and more's the pity since
dispensaries are theoretically allowed to locate in the county, even
though there are no rules to regulate them.

That's because supervisors two years ago ducked the issue. The board
couldn't muster the four votes needed to impose a two-year moratorium
on medical marijuana, and rather than instruct staff to write some
rules for dispensaries, it just let the matter drop.

Because the county specifically allows pharmacies to set up shop on
land zoned for "business and professional" development, it must also
allow medical marijuana dispensaries to locate there.

So why doesn't Solano County have any dispensaries yet? According to
the minutes from the June 16 Solano County Planning Commission
meeting, staff tells inquiring dispensary operators to set up a
"pre-business license application meeting" with the Sheriff's
Department, which "is presently not signing off on business licenses
for medical marijuana dispensaries."

It's a nice Catch-22 that keeps dispensary operators chasing their tails.

At least it did until Cindy Elizabeth Harris came along. She's a
longtime in-home health-care provider who several years ago saw her
patients' need for safe places to obtain medical marijuana. She
started a dispensary in Novato that was forced to close when the
landlord canceled its lease. It has since reopened in the
unincorporated area of Marin County, but in the interim, she looked
into Solano County because of the number of unserved patients here,
which she estimates at 4,000.

The site she chose is zoned for "commercial services," and pharmacies
aren't one of the automatically allowed uses. She is asking
supervisors to adopt regulations for dispensaries and allow them in
areas zoned for business and professional, commercial services and
neighborhood commercial.

The Planning Commission has recommended that supervisors reject Ms.
Harris's proposal, but is urging the board to have county staff write
regulations for dispensaries that locate in business and professional
areas. It's worth noting that there are only three such parcels,
according to the Planning Commission minutes, all located in the Cordelia area.

Because of Solano County's long-standing policy of "what is urban
shall be municipal," there aren't a lot of places where pharmacies or
medical marijuana dispensaries can logically locate in the
unincorporated areas.

And since cities such as Vacaville, Dixon and Benicia have banned
them, Solano patients have to travel to fill their medical marijuana
prescriptions if they don't choose to grow their own.

(As an aside: Cities relying on zoning ordinances to keep out
dispensaries got a rude awakening last week when a Solano Superior
Court judge dismissed a charge of "operating without a business
license" against an alleged dispensary owner because he had a permit
to sell "dried flowers and candles." The court ruled that dried
marijuana buds were, indeed, "flowers.")

It's been 15 years since Solano voters joined citizens statewide in
adopting the Compassionate Use Act that authorizes patients to
legally use medical marijuana. Solano County should have adopted
rules years ago to accommodate dispensaries. The proposed regulations
are sensible, as is allowing them to locate in more of the few
unincorporated areas that can accommodate such businesses.

Supervisors ought to just accept the proposed rules, but, if they
don't, the least they can do is get started on writing their own.