California: City Getting It's First Medical Marijuana Dispensary

Jacob Redmond

Well-Known Member
Just in time for the new marijuana laws going into effect next year in the Golden State, Valley Center will be getting its first medical marijuana collective near I-15. Without any notification to the community-at-large the County quietly processed the facility last month.

However, the facility will be operating under existing County ordinances that were adopted five years ago by the Board of Supervisors to bring local law into alignment with Proposition 215, California's Compassionate Use Act of 1996, and the state of California's Medical Marijuana Program (Senate Bill 420, approved to clarify Prop. 215 in 2003).

Oliver Smith, chairman of the VC Community Planning Group (VCCPG) has learned that a permit has been issued for a Medical Marijuana Collective on 8530 Nelson Way in Valley Center. Smith hopes to put the matter on the agenda of the planning group for a discussion, possibly in January, although the group has no authority over the permit. The Design Review Board, however, might.

An existing residence will be converted into the medical marijuana collective. The property is zoned for M52 (Limited Impact Industrial) and contains a "B" Special area designator.

This type of permit means that the permit has already been issued and the project will not come to review by the planning group. According to Vince Nicoletti, chief, building division, County of San Diego Planning & Development Services, "approval of a Site Plan is not required if the alterations to the interior of the structure are not visible from the outside. If the applicant designs the project to meet all zoning and building code requirements as well as the Sheriff licensing requirements, the building permits are considered ministerial, meaning that if the project meets the code, the County has no cause to deny them. However, any additional structure(s) would be subject to the Community Design Review Area Regulations "B" and require Site Plan approval."

The permit allows for the conversion of an existing residence of 1,723 square feet without an exterior changes or additions. The permit calls for removing partitions and adding partitions to create an office area, dispensary area, two restrooms, a kitchenette, lobby, replace windows with shatter-proof glass, and add steel doors.

Before the facility can begin operating it will need to go through a permit process involving the Sheriff's License & Criminal Registration Division, rather than through the local Sheriff's substation.

During his communications with Nicoletti, Smith pointed out that the permit for the facility "has not been widely publicized."

Nicoletti replied, "We understand this type of operation can be sensitive to a community and will keep you appraised of status. The County has posted information on our website about the requirements for medical marijuana collectives at Medical Marijuana Collectives

Such collectives could become more common. The California legislature recently passed and Governor Jerry Brown signed into law the California Medical Marijuana Regulation and Safety Act (MMRSA), which is comprised of three separate bills, AB 266, AB 243 and AB 643. According to one observer: ". . . California is going to have one of the most comprehensive and complicated medical marijuana licensing regimes in the country." Note: no licenses are expected to be issued before January of 2018 under the new law although it actually goes into force in January of 2016.

Local governments that don't adopt ordinances on the books by next March will be subject to state law only. The law allows 100 square feet of medical cannabis for a patient, and allow caregivers to grow 500 square feet for up to five patients. State licensing for commercial-sized medical marijuana farms is allowable under the new law, provided locals approve. Existing marijuana collectives can operate with local approval until January 1, 2018.

On June 30, 2010 the Board of Supervisors adopted the County Medical Marijuana Collective Program, which spells out how and where medical marijuana collectives can operate in the unincorporated county.

On January 25, 2011 the Board of Supervisors approved Zoning Ordinance amendments to the existing Medical Marijuana Collective Facilities Ordinance. The changes included: 1) clarification of the scope of the applicability section to align it with similar provisions of the Regulatory Code 2) amendments to clarify the scope of the nonconforming use provisions, and 3) clarification of the application of Medical Marijuana Collective Facilities buffers to properties located within incorporated cities. The board also approved minor amendments to the County Regulatory Code including setting fees for a Medical Marijuana Collective Facility Operating Certificate.

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