LAKEPORT — The Lake County Board of Supervisors (BOS) delayed deciding on a proposed ordinance that would establish regulations on medical marijuana dispensaries, continuing the item to mid-July after receiving more than four hours of public input Tuesday.
More than 30 local residents, out of the approximately 80 people in attendance, spoke during the afternoon session of the regular BOS meeting at the Lake County Courthouse.
Speakers included medical marijuana users, dispensary operators, business owners, county officials and advocates on both sides of the debate.
Nearly all speakers, regardless of their position on the issue, voiced concerns about some of the proposed regulations reflected in the ordinance drafted by county staff and recommended by the Lake County Planning Commission.
The ordinance suggests limiting the number of allowable dispensaries operated by collective or cooperative organizations in the unincorporated county to five.
There are currently 11 dispensaries operating in the county”s jurisdiction, not including one that opened a few weeks ago despite the temporary moratorium on the establishment of dispensaries. Under the proposed ordinance, 11 dispensaries would need to apply to continue operating.
Pro dispensaries advocates who spoke Tuesday argued that five would be too few for the vast county. Many supporters said the limit would unfairly impede disabled or gravely ill medical marijuana users from accessing their prescriptions.
Conversely, several citizens said they would prefer fewer than five in the unincorporated county. The Lake County Chamber of Commerce submitted a memorandum to the BOS advocating only two dispensaries be allowed.
The ordinance suggests a number of other regulations for dispensaries, including 1,000-foot setbacks from schools, 500-foot setbacks from “youth-oriented” facilities and churches, allowing them in certain zoning districts upon minor use permit, no selling marijuana to out-of-county residents and product testing requirements.
Representatives from both sides of the issue said they disagreed with the county using only a minor use permit process, arguing an operational permitting process that incorporates land-use concerns would be more applicable.
Community Development Director Rick Coel said the suggested minor use permit process, which would grant an initial term of two years and allow operators to apply for renewal every two years, could adequately address land-use and operational concerns.
Public disagreement with the proposed ordinance extended beyond the number limit and permitting process, and included a wide variety of issues such as the setbacks, Lake County Sheriff”s Office monitoring of dispensaries, requirements for edibles, home delivery and even the definition of a dispensary as a “storefront premises.”
District 3 Supervisor Denise Rushing said a final decision would be unlikely Tuesday and indicated her desire to hash out each controversial issue one-by-one at a future BOS meeting.
The other Supervisors agreed that additional time would be needed and gave consensus to continue the public hearing to July 19 at 1:30 p.m. BOS Chair Jim Comstock did close public input just before the hearing adjourned Tuesday.
Though Tuesday”s hearing was the first time the Supervisors discussed the drafted ordinance, it was the fourth BOS meeting on medical marijuana dispensaries.
Issues surrounding dispensaries, which the Lake County Zoning Ordinance does not currently allow, have been heavily debated even before the BOS imposed the temporary moratorium in September 2009.
The original moratorium also temporarily halted enforcement actions against then-existing dispensaries. The moratorium has been thrice extended, but expires on Sept. 15.
If the BOS does not adopt an ordinance in time for the deadline, the county could take enforcement action against the existing dispensaries.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
