Lit_Match

Council approves plaza vending program, upholds marijuana dispensary rulings
04/04/08|The Eureka Reporter|By CERENA JOHNSON

The issue of how to regulate medical marijuana dispensaries once again presented itself to the Arcata City Council Wednesday.

The matter returned before the council in the form of two appeals of Planning Commission determinations on a building permit application in relation to the Arcata Land Use and Development Guide.

On Feb. 26, the Planning Commission determined that dispensing marijuana is a “medical office” type use and that growing of medical marijuana as proposed by the applicants is an agricultural use in accordance with the LUDG — meaning it would not be permissible at the applicants’ facility, located at 601 I St. in the central business district.

In the first appeal, the Humboldt Cooperative claimed the formal designation of the facility is a floricultural retail outlet, and as such permits growing of container plants on location.

The Humboldt Cooperative also said that as California has not designated cannabis as a medicine, it is unlawful to claim medical status, and said the city has deemed the central business district as the appropriate location for Prop. 215 activities.

“Using the term medical loosely is inappropriate,” said Carla Ritter, representing the Humboldt Cooperative. “None of us write the recommendations.”

“We are in a position now that we can make it relatively straightforward,” she said.

A number of residents commended the dispensary for attempting to come into compliance and said it provides a necessary service which could also serve to discourage “illicit” activity and generate tax revenue for the city.

“They set the standard for what a cannabis dispensary can be. It would seem to me these are people that are doing it right,” said David Lawlor.

“I think Arcata has been a little reactionary rather than proactive,” said Shaye Harty. “We could have been channeling these funds into much-needed services for the community.”

Others opposing the dispensary appeal questioned whether overturning the Planning Commission’s determinations would set a precedent.

Council members had several responses.

“I think it comes down to the point of whether we consider this medical or retail,” Councilmember Paul Pitino said, who was in favor of overturning the Planning Commission’s rulings.

Councilmember Harmony Groves suggested modifying the Planning Commission’s determinations.

Councilmember Michael Machi said growing medical marijuana should be done in the appropriate industrial zones as it falls under the agriculture category.

Permitting the facility in a commercial area is “not a precedent I want to set,” he said.

Councilmember Alex Stillman called for a cap on the number of clinics cited downtown.

As the city is currently in the process of developing the Land Use Code, a comprehensive policy on regulation of marijuana grow houses and clinics has yet to be adopted.

The council ultimately voted 3-2, with Groves and Pitino dissenting, to uphold the Planning Commission’s determinations and suggested the Humboldt Cooperative return to the Planning Commission for a planned development permit.

The second appeal from Humboldt Medical Supply LLC was met with similar reactions from the public and council.

Much like the Humboldt Cooperative’s appeal, Humboldt Medical Supply’s appeal contested the Planning Commission determinations that dispensing of processed medical marijuana is classified as a medical office use and that the growing of medical marijuana at the scale proposed for the I St. location is an agricultural type use as defined by the LUDG.

The council voted 2-1 to uphold the Planning Commission’s determinations, with Mayor Mark Wheetley and Machi voting yes, and Pitino voting no.

Council members Stillman and Groves recused themselves from discussion of the second appeal, as Stillman owns property within the vicinity of the location, and Groves’ partner is opening the neighboring Rita’s restaurant.

In a separate matter, the council voted 4-0 with Stillman recusing, to adopt a program for allowing vendors on the Arcata plaza.

The program will enable authorization of permits for a 90 day period for three spaces on the plaza, with vending hours between 9 a.m. and dusk on days when no special events are being held.

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Donation links to NORML (The National Organization for the Reform of Marijuana Laws) | MPP (Marijuana Policy Project)