In the Thursday article appearing in the Record-Bee about the dispensary referendum petition, headlined “Group attempts to halt ordinance,” County Administrator Kelly Cox is quoted as saying that without the recently passed (but stayed and not yet effective) dispensary ordinance, the current county zoning ordinance doesn”t allow any dispensaries. I respectfully disagree.
Section 21-19.3(a) of the county zoning ordinance specifically permits the sale of “drugs” in C-2 zoning, where most of the dispensaries are located.
There is also a provision in Section 21-19.3(l) permitting other uses “when of similar character” to a listed permitted use.
Also, Section 21-16.3(e) of the zoning ordinance permits “off-sale beer and wine” in CH zoning and also provides at 21-16.3(g) for other uses “when of a similar character” to a listed permitted use.
Thus, it is my opinion that the existing zoning ordinance clearly permits medical marijuana dispensaries in C-2 zoning and also permits dispensaries in CH zoning. To argue otherwise is specious, in my opinion, especially in C-2 zoning.
Ron Green, Attorney-at-Law
Lower Lake