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Council Extends Marijuana Moratorium: Proposed Ordinance on the Table
John V. Ciani | The Daily Independent | 10/01/2006

The Ridgecrest City Council Friday voted 5-0 to approve a five-month extension on the licensing of medical-marijuana dispensaries in the city. The extension will give the council time to consider a proposed ordinance regulating such facilities.

The council, at a special meeting Aug. 18, adopted an urgency ordinance imposing a 45-day extendable moratorium on the licensing of medicinal-marijuana/cannabis dispensaries in the city.

Councilmembers received a draft of a proposed ordinances regulating medical-marijuana dispensaries.

Councilmember Ron Carter said limiting the number of dispensaries to two was not appropriate.

“Even if we want to have a number the market is going to determine that,” he said.

He also expressed concern about limiting the hours of operation to 8 a.m. to 5 p.m.

“There’s a lot of people who work,” said Carter. “This is a business. We should leave it up to the business.”

He also expressed opposition to limiting the number of patients to 250 per month.

“Again this is a business. If there’s more patients than 250 that need medical marijuana, that should be available to them without an invitation,” Carter said.

Epicurean Delights partner Stan Harrington said the arrest and other actions of partner Jeff Clark adversely affected their business.

“I do not share Mr. Clark’s views and have been humiliated by his recent actions,” said Harrington. “I feel Mr. Clark has not acted in the best interest of the community and has cast a shadow on what is otherwise a legitimate endeavor.”

Harrington requested an exemption to the moratorium so he can obtain a license to keep Epicurean Delights open. “Mr. Clark and I are in the process of dissolving our partnership in Epicurean Delights. Because of this dissolution of our partnership, it will nullify our business license, there will be no dispensary in town if I’m not allowed to obtain a new city business license. This exemption will in no way will affect the proposed moratorium. Prior to the proposed moratorium, I was in operation.”

He said if he could not keep his business open, patients would have to drive two hours to obtain their medication or get it from the illegal market.

“We are a new business. We pay taxes and have already improved the appearance of the facility we operate,” Harrington added. “The patients that visit my dispensary are honest citizens. They should not be relegated to long travel times that usually worse than the conditions for which they need medical cannabis.”

Resident Dorothy Brown told the council that she prefers a true co-op.

“The dollar sign is eliminated, and that’s the important part of medical marijuana,” she said. “There’s definitely a need. I object to having one lone business in town. Anytime you have exclusive anything, it invites trouble.”

Police Chief Mike Avery said if the council grants an exemption, a background check on the operator should be completed.

Councilmembers balked at such an exemption.

“The reason why we put the moratorium in place is so we could put an ordinance into the books that regulated to our satisfaction the proposed business,” said Councilmember Steve Morgan. “I see no reason to extend any license or to change what our intent was — which was to put something on the books before we had a second, third, fourth or fifth — however many businesses you wish within the city. My opinion is to extend the moratorium and not allow any license to be issued.”

Mayor Chip Holloway said businesses owners have a responsibility to public.

“This business has a responsibility at another level,” he said. “This is a business that came into the community very controversial, and there are very strong opinions on both sides. It’s ultimately the business owner’s responsibility to do the right thing, and the buck has to stop somewhere.”

Holloway said there is a need for this type of business, and it needs to be regulated appropriately.

“It needs to be run without any kind of hint of any kind of problem or impropriety,” he added. “For the first one out of the box to come to this community and have this many problems this quickly is terrifying to me. This is another example of something that is going to hurt the people who need it the most.”

The council will consider introducing the proposed ordinance Wednesday.

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