CITY OF SHASTA LAKE MAY BE NEXT TO BAN POT DISPENSARIES

The Shasta Lake City Council on Tuesday will consider a request by
Councilwoman Dolores Lucero to possibly ban medical marijuana
dispensaries.

There are two dispensaries in town, the Queen of Dragons on Shasta Dam
Boulevard and the 530 Collective on Locust Avenue.

Jamie Kerr, founder and CEO of the 530 Collective said Friday she
doesn't expect the city to pass an urgency ordinance banning the
collectives outright.

"I respect the city not wanting to be liable to trigger federal
pre-emption, and I obviously want to keep my doors open," Kerr said.
"I believe there are a few options that can accomplish both those goals."

Kerr said she hopes the city stops issuing permits to the collectives,
while still allowing them to continue to operate under the city's
medical marijuana ordinance.

She says the ruling that prompted Shasta County supervisors to ban
dispensaries in their jurisdiction last week and the Redding City
Council to do the same last month is being interpreted
incorrectly.

Both agencies were reacting to a recent state court ruling out of Long
Beach, which said federal anti-marijuana laws trumped the city's
medical marijuana ordinance. The ruling, in essence, said Long Beach's
council members were breaking federal law by licensing
collectives.

Kerr said the judge who issued the ruling made it quite clear it was
just a licensing issue, and the there was no reason to ban the
collectives outright.

She points to a summary of the case posted on the California State
Association of Counties website.

"The decision clearly does not affect dispensary bans, but it does
appear that bans are not mandated by the opinion either. Toleration
remains permissible," the summary says.

If council members wish, the city can draft an interim urgency
ordinance banning the collectives. They'd have to include the reasons
"why there is a current and immediate threat to the public health
safety or welfare," according to the city's agenda, which notes the
city hasn't received any nuisance complaints. A draft of the ordinance
would be voted on at its Jan. 3 meeting. A potential ban also could be
referred to the planning commission for further review.

If the council eventually approves an urgency ordinance it would
require a four-fifths vote.

If the council does choose to follow Kerr's suggestion, the city would
simply have to let the collectives' permits expire in the months
ahead. Kerr's collective license expires in April. Queen of Dragons'
expires in March.

City Attorney John Kenny already has told the council they should not
approve permit renewals for the two collectives, citing the Long Beach
case.

Lucero didn't return a message left Friday at her office.

Kerr said Lucero called her about a month ago to tell her she was
planning to introduce a potential ban.

"I'm not caught off guard at all," Kerr said.

A call made Friday afternoon to Queen of Dragons wasn't
answered.

IF YOU GO

What: Shasta Lake City Council meeting

When: 6 p.m. Tuesday

Where: John Beaudet Community Center, 1525 Median Ave.

Agenda Includes: discussion of the possible ban on the city's two marijuana collectives