Supes Ban Pot Dispensaries, Cultivation In County

MedicalNeed

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Lassen County residents won’t have to fear large-scale marijuana gardens or medical marijuana dispensaries in their neighborhoods.

The Lassen County’s Board of Supervisors approved an ordinance “banning the establishment and operation of medical marijuana dispensaries and restricting the cultivation of medical marijuana within the county” by a 4-1 vote Tuesday, Nov. 23. The ordinance takes effect Thursday, Dec. 23.
The board did not vote on a second proposed ordinance based on the one in place in Los Angeles that allows the cultivation and distribution of medical marijuana authorized and regulated by city-issued use permits.

According to the newly adopted ordinance, a qualified patient with a recommendation from a physician or a county-issued medical marijuana identification card and a primary caregiver may cultivate and provide medical marijuana without violating the ordinance.

“A ‘medical marijuana dispensary’ shall not include qualified patients, persons with an identification card and/or primary caregivers,” the ordinance reads.

The use of medical marijuana in California is authorized by the voter-approved Compassion Use Act of 1996 and by SB 420 — approved by the California legislature and signed by the governor in 2003.

District 1 Supervisor Bob Pyle, District 3 Supervisor Lloyd Keefer, District 4 Supervisor Brian Dahle and District 5 Supervisor Jack Hanson voted aye, and District 2 Supervisor Jim Chapman vote no.

Chapman said he opposed approval of the ordinance because county staffers had not met with medical marijuana users to discuss their interests and needs.

Responding to a question from Chapman, Maury Anderson, Lassen County’s Department of Planning and Building Services director, acknowledged he had not met with medical marijuana users to seek their input prior to drafting the ordinance. Anderson said county staff followed the board’s direction to draft a pair of proposed ordinances regarding medical marijuana in Lassen County.

Chapman alleged not talking to the medical marijuana users “shortchanged” the public discourse.

“I think that is a character flaw,” Chapman said. “I have no problem voting on the ordinance to ban … but the problem is no matter what we vote on, because of our unwillingness or inability to engage the people who are involved with the issue to try to understand what the issue is in a more full sense, I think creates a defect in our deliberative process. It’s one thing to vote no intelligently, and it’s one thing to vote no because I don’t want to listen to what the facts are.”

Pyle and Keefer objected to Chapman’s point of view. They said the board directed county staff to draft the proposed ordinances after receiving public comment and noted the medical marijuana users have had numerous opportunities to participate in the discussion at board meetings and at a public hearing held in May at Jensen Hall.

Pyle noted several members of the public had just addressed the board at this meeting seeking the approval of commercial medical marijuana operations within the county.

“The buck stops here,” Keefer said. “We were the ones that directed staff to come back with a proposed ordinance to ban, and we also directed staff to come back with a proposed ordinance based on the L.A. model. So I think staff has basically done what we as a board have asked them to do.”
Pyle asked Anderson if the county ordinance would affect cultivation and distribution of medical marijuana with the city of Susanville. Anderson said the ordinance will have no effect within the city.

Keefer also noted the county has issued only 24 medical marijuana cards authorized by SB 420.


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