CA: Council Approves Cannabis

Ron Strider

Well-Known Member
Due to the changes in state laws, the City of Patterson has been investigating the possibility of allowing cannabis-based businesses to operate within city limits, and is now working on a pilot program to manage such businesses.

In June, the City Council voted to obtain proposals from cannabis business operators to gauge interest in the possibility of cannabis businesses. Per the staff report, city staff interviewed five dispensaries and seven cultivation and manufacturing businesses, and determined that two of the potential dispensaries and three of the cultivation and manufacturing businesses demonstrate the "solid and professional backgrounds" necessary to meet the city's requirements.

However, before any cannabis businesses can be allowed to operate within city limits, the City Council needs to adopt an ordinance that lifts the current ban on cannabis-based businesses and establishes regulations for cannabis business operations.

Commercial cultivation, processing

Per the proposed ordinance, cultivating, processing and dispensaries will be allowed in the light and heavy industrial areas, west Patterson industrial business park and west Patterson light industrial business park.

Dispensaries

A commercial area between Sperry Avenue and Bartch Road on Highway 33 has also been designated as a potential location for dispensaries.

All prospective cannabis business owners are required to obtain a Development Agreement with the city, as well as a Conditional Use Permit.

Pilot program

While introducing the pilot program and the proposed language that will be included in the ordinance to address it, Patterson City Attorney Doug White echoed the viewpoint that has been expressed by others: "The reality is that cannabis, whether you like it or not, is here to stay." The city has therefore, White said, elected to provide a means for such businesses to exist and operate legally within city limits.

Not providing such a vehicle, White said, could end up costing the city money out of the General Fund — something that cities avoid for unbudgeted expenses whenever possible.

"People will be consuming cannabis," White said, "they will just be procuring it (via)... illegally operating delivery services, and you'll have to be using general fund revenue to shut down (these) illegally operating businesses. You won't have the (fee) money to offset the fact that you have people misusing marijuana in parks. This (proposed ordinance) provides a revenue stream for the city," to address costs associated with cannabis-based businesses.

White was careful to make clear that the issue is being addressed "from a business standpoint," rather than a moral one.

White also addressed the fact that cannabis-based businesses have not been legalized on a federal level, but said, "There are a series of opinions that have been put out by the federal attorney general, basically saying that this is not a high priority.

There are cannabis dispensaries within blocks of the White House. Probably, at this point, the federal government has... waived any right it has to enforce these (laws) against people who comply with state law and are issued... business licenses. There hasn't been a single prosecution against anyone operating (in accordance with local laws) in any of the states (where marijuana is legal)."

Councilmembers weigh in

"Needless to say," said councilmember Dominic Farinha, "this is a very difficult topic for some to accept, particularly those who are older and more conservative. There are a lot of moral, personal and philosophical implications." Farinha noted that he has "been struggling" with the issue. "I would hope that those who want to partake in this type of business are responsible, and will (continue to) give this business the good name that it has earned in order to get to this point. Our city attorney has taken this very, very seriously."

Councilmember Dennis McCord stressed the importance of the incoming businesses being good community members. "I'm assuming you'll be talking about (such businesses) being involved with the community, helping with wellness events, and making our community a better place to live, because... getting a 'net zero' for the community doesn't really excite me." McCord said he would like to see new businesses that would "add something that would make (Patterson) a more vibrant community."

McCord also pointed out that there is a required (600 feet) distance for cannabis businesses from schools, but not from churches.

Mayor Deborah Novelli objected to the possibility of dispensaries on several parcels between Sperry and Bartch avenues on Highway 33, which back up to a residential area. "I would have some concerns about" allowing such businesses in that location, she said. Novelli also said the council "appreciates the public input... We're at the point where we need to make decisions about how many, and who. These are very important decisions. It's important that we are very diligent with this, and it's important for the community... (to) please come to the public hearings..., because we, as the council, do listen."

Officials are working to ensure that local cannabis business owners will be ready to apply for state licenses. The state is scrambling to be ready to accept applications as of January 1.

Cultivation for personal use

The ordinance also establishes a permit program for adults 21 years of age and older who wish to cultivate cannabis within their private residences for personal use, limiting the number of plants to six per residence. An Administrative Cultivation Permit (ACP) will be required, as will permission of the property owner. Periodic inspections will be required, and the ACP holder will be required to pay a fee to cover the cost of the inspections. ACPs will be issued on an annual basis.

Outdoor cultivation of cannabis is prohibited

According to published reports, the Ceres City Council approved a development agreement in May for a 22,000-square-foot medical cannabis manufacturing facility, and city staff there recommended that the same body approve a development agreement for a 6,000-square-foot medical dispensary business this past Monday night.

Stanislaus County has also announced that it is allowing a limited number of cannabis-related businesses in the unincorporated areas.

Although work still needs to be done at the state level, local jurisdictions are scrambling to meet state deadlines so that local cannabis businesses can begin applying for state-required licenses after January 1.

The City has held several public workshops to inform the public about the status of cannabis regulation at the state level, and to obtain feedback regarding if, and how, potential cannabis-based businesses might be allowed in the City.

The zoning portion of the ordinance will be on the Planning Commission agenda for Thursday, October 26. The City Council will then hold a special meeting on October 30 to approve the ordinance, again in order to meet the deadline for January 1

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Full Article: Council approves cannabis - Golden State Newspapers: Patterson Irrigator News
Author: Jenifer West
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