Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A lot of smoke led to little fire as Alikchi Wellness, the medical marijuana dispensary in Boyes Hot Springs, vaporized this week as quickly as it materialized.
The dispensary began advertising with a hand-drawn sign in December, after operators signed a six-month lease at 17503 Sonoma Highway, but went largely unnoticed until county officials were notified of its presence just after Christmas. Alikchi Wellness operator Kim Pelham said the dispensary never officially opened for business, and that the sign was to notify potential patients of her plans to operate in the Springs.
"We're not even opened at all. We've never been open - the door has always been locked. I don't see what the big deal is," she said on Thursday, adding that for the past few weeks she and her business partners were sprucing up the location after years of neglect.
Nonetheless, had it opened, the dispensary would have violated several conditions of a county ordinance by being within 1,000 feet of a school or youth organization, since it was located across the street from the Valley of the Moon Teen Center and around the corner from Flowery Elementary School, and was operating without a permit. But the operators canceled their lease before the county could address the code violations.
"The operators said they have no more intention of opening at that location," Ben Neuman, Sonoma County Code Enforcement manager, told the Index-Tribune Thursday.
Neuman said before Alikchi Wellness shut down, his department made repeated attempts this week to contact the operators and notify them that the business was in violation of the county's ordinance on medical marijuana dispensaries. But according to protocol, the county first had to verify that the business was in fact operating as a medical marijuana dispensary, thus confirming it was actually violating the ordinance.
"The advertisement of an unlawful use is not unlawful," Neuman said, explaining that although the location advertised itself as a dispensary, county officials had to personally witness that it was actually operating as such.
"We will have to monitor the use and do random spot checks to confirm the usage," Neuman told the Index-Tribune on Tuesday, saying his office had visited the business several times and always found it vacant and locked. No one returned repeated phone calls from the county to the dispensary's advertised phone number. "We have not been able to confirm the operation. We will sit back and wait for them to commence an unlawful act."
Pelham repeatedly said the reason the county was never able to confirm the usage was because the location was never open for business. She said she had to wait until the county offices reopened on Monday to visit the Permit and Resource Management Department and attempt to get a permit to operate the dispensary. Her request was denied because the business was not acceptable at that location due to its proximity to the Teen Center and Flowery School.
"Those are the two big deal breakers," Neuman said. "The applicant was notified this was not an appropriate usage."
Pelham said she was aware of the county's ordinance limiting a dispensary's location to areas not in proximity to youth organizations and schools, but said she hoped to "work something out" with the Teen Center to gain approval to operate from that location.
"I find it amusing that they didn't want us to sell across the street from ( the Teen Center ) but they're OK with selling alcohol right next door," she said, referring to a local market.
Now that the operators have shut down the business, canceled their lease and locked the doors, the county has no plans to take further action against the operators.
"That's the end of the issue," said 1st District Supervisor Valerie Brown. "It ( the business ) is chained and locked, there's nothing to confirm."
On Wednesday morning, the handmade signs were still posted in the glass door front of the facility and some furniture, a small desk and numerous copies of Kush magazine could be seen inside the front room. Kush is a "monthly medical marijuana lifestyle magazine" according to its website. "Alikchi" is a Choctaw Indian word referring to a shaman or healer.
Pelham was inspired to operate in Boyes Hot Springs after a longtime patron of her now-closed Corte Madera dispensary suggested the location because she was tired of driving long distances to obtain medication for her daughter, who suffers from cerebral palsy. Pelham said she was seeking to open a dispensary that would allow safe access for older patients with serious illness, and was willing to limit patients to ages 21 and up.
"We were going to go above and beyond to be a good neighbor because everyone thinks we won't be," Pelham said, adding that most youths who want to buy marijuana already know where to find it on the streets. "And they buy it for one-third of the price because they don't have to pay for taxes and overhead. It's the same way kids wouldn't buy alcohol at a liquor store, it's too hard, they'll just steal it from their parents liquor cabinet."
Pelham said she was eager to work with the county to comply with all codes, but never had the opportunity because a "media storm" was created before the business could open.
"We just wanted to have a nice, safe facility that people would feel comfortable getting medication from. If they just said it's too close to the Teen Center we need you to move, that'd be one thing, but this circus is just ridiculous," she said. "I feel like this is almost a witch burning here. It's just really unbelievable."
When asked, hypothetically, what would happen if the dispensary were to stay open and the county confirmed "unlawful usage," Neuman said there are several code enforcement techniques the county could utilize, beginning with a 30-day notice to vacate. The county Board of Supervisors would ultimately decide what action to take against an unlawful dispensary, but Neuman said fines are not the preferred method.
"Our goal is not to penalize, our goal is just to get them to comply with county code," he said.
Neuman and Brown said this is the first dispensary to open in Sonoma County that clearly violates the ordinance by opening within 1,000 feet of a school.
But there are several medical marijuana dispensaries throughout the county in dispute, including one attempting to open at the Valley of the Moon Plaza, a shopping center at the intersection of Sonoma Highway and Melita Road. Brown said she believes that dispensary violates the county ordinance by being within 1,000 feet of any organization "that caters to or provides services primarily to persons under 18 years of age," in this case a martial arts studio.
Brown said the issue of medical marijuana dispensaries would be discussed at a future meeting of the board of supervisors, as there is a need for the county to have more regulatory authority over this type of business.
"We just don't have that, we're still figuring it out," she said. "We're going to be addressing that in the county."
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Sonoma Index-Tribune, The (CA)
Copyright: 2011 Sonoma Valley Publishing
Contact: david@sonomanews.com
Website: The Sonoma Index-Tribune: 24/7 Local News
Details: MapInc
Author: Emily Charrier-Botts
The dispensary began advertising with a hand-drawn sign in December, after operators signed a six-month lease at 17503 Sonoma Highway, but went largely unnoticed until county officials were notified of its presence just after Christmas. Alikchi Wellness operator Kim Pelham said the dispensary never officially opened for business, and that the sign was to notify potential patients of her plans to operate in the Springs.
"We're not even opened at all. We've never been open - the door has always been locked. I don't see what the big deal is," she said on Thursday, adding that for the past few weeks she and her business partners were sprucing up the location after years of neglect.
Nonetheless, had it opened, the dispensary would have violated several conditions of a county ordinance by being within 1,000 feet of a school or youth organization, since it was located across the street from the Valley of the Moon Teen Center and around the corner from Flowery Elementary School, and was operating without a permit. But the operators canceled their lease before the county could address the code violations.
"The operators said they have no more intention of opening at that location," Ben Neuman, Sonoma County Code Enforcement manager, told the Index-Tribune Thursday.
Neuman said before Alikchi Wellness shut down, his department made repeated attempts this week to contact the operators and notify them that the business was in violation of the county's ordinance on medical marijuana dispensaries. But according to protocol, the county first had to verify that the business was in fact operating as a medical marijuana dispensary, thus confirming it was actually violating the ordinance.
"The advertisement of an unlawful use is not unlawful," Neuman said, explaining that although the location advertised itself as a dispensary, county officials had to personally witness that it was actually operating as such.
"We will have to monitor the use and do random spot checks to confirm the usage," Neuman told the Index-Tribune on Tuesday, saying his office had visited the business several times and always found it vacant and locked. No one returned repeated phone calls from the county to the dispensary's advertised phone number. "We have not been able to confirm the operation. We will sit back and wait for them to commence an unlawful act."
Pelham repeatedly said the reason the county was never able to confirm the usage was because the location was never open for business. She said she had to wait until the county offices reopened on Monday to visit the Permit and Resource Management Department and attempt to get a permit to operate the dispensary. Her request was denied because the business was not acceptable at that location due to its proximity to the Teen Center and Flowery School.
"Those are the two big deal breakers," Neuman said. "The applicant was notified this was not an appropriate usage."
Pelham said she was aware of the county's ordinance limiting a dispensary's location to areas not in proximity to youth organizations and schools, but said she hoped to "work something out" with the Teen Center to gain approval to operate from that location.
"I find it amusing that they didn't want us to sell across the street from ( the Teen Center ) but they're OK with selling alcohol right next door," she said, referring to a local market.
Now that the operators have shut down the business, canceled their lease and locked the doors, the county has no plans to take further action against the operators.
"That's the end of the issue," said 1st District Supervisor Valerie Brown. "It ( the business ) is chained and locked, there's nothing to confirm."
On Wednesday morning, the handmade signs were still posted in the glass door front of the facility and some furniture, a small desk and numerous copies of Kush magazine could be seen inside the front room. Kush is a "monthly medical marijuana lifestyle magazine" according to its website. "Alikchi" is a Choctaw Indian word referring to a shaman or healer.
Pelham was inspired to operate in Boyes Hot Springs after a longtime patron of her now-closed Corte Madera dispensary suggested the location because she was tired of driving long distances to obtain medication for her daughter, who suffers from cerebral palsy. Pelham said she was seeking to open a dispensary that would allow safe access for older patients with serious illness, and was willing to limit patients to ages 21 and up.
"We were going to go above and beyond to be a good neighbor because everyone thinks we won't be," Pelham said, adding that most youths who want to buy marijuana already know where to find it on the streets. "And they buy it for one-third of the price because they don't have to pay for taxes and overhead. It's the same way kids wouldn't buy alcohol at a liquor store, it's too hard, they'll just steal it from their parents liquor cabinet."
Pelham said she was eager to work with the county to comply with all codes, but never had the opportunity because a "media storm" was created before the business could open.
"We just wanted to have a nice, safe facility that people would feel comfortable getting medication from. If they just said it's too close to the Teen Center we need you to move, that'd be one thing, but this circus is just ridiculous," she said. "I feel like this is almost a witch burning here. It's just really unbelievable."
When asked, hypothetically, what would happen if the dispensary were to stay open and the county confirmed "unlawful usage," Neuman said there are several code enforcement techniques the county could utilize, beginning with a 30-day notice to vacate. The county Board of Supervisors would ultimately decide what action to take against an unlawful dispensary, but Neuman said fines are not the preferred method.
"Our goal is not to penalize, our goal is just to get them to comply with county code," he said.
Neuman and Brown said this is the first dispensary to open in Sonoma County that clearly violates the ordinance by opening within 1,000 feet of a school.
But there are several medical marijuana dispensaries throughout the county in dispute, including one attempting to open at the Valley of the Moon Plaza, a shopping center at the intersection of Sonoma Highway and Melita Road. Brown said she believes that dispensary violates the county ordinance by being within 1,000 feet of any organization "that caters to or provides services primarily to persons under 18 years of age," in this case a martial arts studio.
Brown said the issue of medical marijuana dispensaries would be discussed at a future meeting of the board of supervisors, as there is a need for the county to have more regulatory authority over this type of business.
"We just don't have that, we're still figuring it out," she said. "We're going to be addressing that in the county."
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Sonoma Index-Tribune, The (CA)
Copyright: 2011 Sonoma Valley Publishing
Contact: david@sonomanews.com
Website: The Sonoma Index-Tribune: 24/7 Local News
Details: MapInc
Author: Emily Charrier-Botts
