Where Could Cannabis Be Sold In Cannon Beach?

Robert Celt

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Even if the Cannon Beach City Council decides to allow retail marijuana outlets in town, there would be few locations available for them.

The council will discuss the issue at the council meeting 7 p.m. Tuesday in City Hall. If the council decides not to allow retail outlets, the issue must be submitted to voters, according to state law. The vote would occur next November.

City Planner Mark Barnes told the City Council during January's work session that only the city's limited commercial zone would allow a recreational or medical dispensary or retail store as an outright use that could be permitted without a public hearing.

Other zones would require a conditional use permit, which means the applicant would have to appear before the city's Planning Commission to receive approval.

The city has three areas with the commercial zone: downtown, midtown and Tolovana Park. The area covered by this zoning includes 28.4 acres and 114 lots.

Marijuana grow operations probably would be allowed under the city's general commercial zone, which permits "plant nurseries," Barnes said. Cannon Beach's only general zone is on the east side of U.S. Highway 101. The zone covers 5.2 acres and includes the city's public works yard, a Pacific Power substation, Cannon Beach Business Park and Coaster Construction. Expansion of the zone would require the council to approve amendments to the city's zoning ordinance.

Marijuana-related businesses – stores that sell paraphernalia but not marijuana – would be outright uses in both zones, according to Barnes.

"They could be approved administratively, unless someone goes into an existing building and makes exterior changes," Barnes added. "The changes would go to the design review board, and there would be a public hearing to determine whether the changes meet regulations. We have a pretty tightly written sign code."

The Oregon legislation that makes it legal to possess, grow and sell marijuana, prohibits medical marijuana dispensaries and recreational marijuana retailers and wholesalers within 1,000 feet of a school. This would include private and public schools where attendance is mandatory.

Because Cannon Beach doesn't have a school, the buffer wouldn't apply. However, once the proposed Cannon Beach Academy charter school opens, the buffer would go into effect and engulf all of midtown.

The law allows cities to impose other buffers. If 1,000-foot buffers are placed at the beach and around all of the parks would eliminate all possible locations for marijuana outlets west of the highway.

City Councilor George Vetter asked Barnes if the city could select certain parks to buffer.

"We would have to make some logical explanation about why we treated one differently than another — a playground vs. the beach, for instance," Barnes said.

During the discussion, Vetter suggested that the council should "not take further steps to stop this."

Because local voters overwhelmingly voted to legalize marijuana use, the Oregon Liquor Control Commission will regulate the sales and Cannon Beach is so small, "I'm not convinced we need to do anything," Vetter said.

"I'm not sure this town can support a year-round business, and I don't see that we should spend too much time on this," he added.

But Mayor Sam Steidel said a buffer should be put in place to "protect us" if the council allows marijuana sales in town.

City Councilor Mike Benefield expressed concern that marijuana outlets would impact the "character of the town."

"I'm not sure that people who voted to decriminalize marijuana envisioned stores on the street," Benefield said.

Councilor Melissa Cadwallader suggested that the council decide which locations the outlets should be limited to and then let them be subject to state regulations.

Steidel noted that the city's business license regulations prohibit sales of items banned by federal law, including marijuana.

City Manager Brant Kucera asked the council if it wanted to change the business license. Leaving it alone, at least until the courts rule on the question, would provide "perfectly good protection right there," Kucera said.

"It's all or nothing," Kucera told the council. Not changing the business license "would ensure that nothing (marijuana stores) gets put in."

However, he added, if even only one retail outlet is allowed, the language regarding the federal law would have to be changed.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Where Could Cannabis Be Sold In Cannon Beach?
Author: Nancy McCarthy
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Website: Canon Beach Gazette
 
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