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Council places moratorium on establishment of medical marijuana dispensaries

By CERENA JOHNSON, The Eureka Reporter
Published: May 9 2008, 11:24 PM · Updated: May 10 2008, 1:30 AM
Category: Local News
Topics: Arcata, drugs

The Arcata City Council is continuing to grapple with how to develop a policy on medical marijuana dispensaries and grow houses while balancing the rights of patients with concerns of residents.

The council took a step in that direction during Wednesday’s meeting when it adopted an interim ordinance creating a temporary moratorium on the establishment of medical marijuana dispensaries, growing and processing operations.

With the motion, the council also voted to forward minutes to the Planning Commission from an April 22 study session as a guide for the commission to begin developing medical marijuana dispensary standards, and also eliminated a finding in the ordinance referring to public testimony describing incidents where residents received medical marijuana from dispensaries before selling it on the street.

The ordinance will be in effect for 45 days, unless the council later decides to extend it.

It will not stop the operation of existing dispensaries or potential dispensaries from applying for permitting, though it does freeze approval of permits.

Mayor Mark Wheetley said the moratorium is designed to deal with inadequacies in the existing Land Use Code, which the city is in the process of updating.

“This is intended to be a temporary moratorium and it does maintain the status quo,” he said.

The matter returned before the council as part of an ongoing discussion on developing an overall policy on the regulation of grow houses and dispensaries.

Last month, the council narrowly upheld planning commission determinations related to dispensaries based on the Land Use Development Guide, which state the appropriate location for medical marijuana dispensaries is within the commercial and central business district zones, and that growing and processing is permitted as an agricultural type use in specified industrial zones.

At the April 22 study session, the council directed staff to work with the planning commission to develop design criteria for signage and store fronts, environmental quality standards, criteria for dispensing and growing on site, zoning standards for scale and size, and criteria for addressing safety issues, as well as meet with Arcata’s three dispensaries to discuss standards, and discussed the possibility of a moratorium.

Wednesday’s decision on the moratorium was met with several reactions; with many concerned by the impact the moratorium would have on existing dispensaries and others backing the moratorium as a way for the council to take time out to address a larger problem.

Many residents said they did not want current dispensaries to be impacted by the moratorium, and attested to the safety measures and responsibility demonstrated by the dispensaries.

Residents also cited economic benefits through dispensaries paying sales taxes, medicinal qualities and needs of patients, and also said growing medical marijuana on the site of dispensaries would lessen the proliferation of marijuana grow houses.

“We have had medical marijuana for a long time and it is not going to go away,” said Shaye Harty, member of the Economic Development Committee.

“This is part of our economy,” she said. “There could be lots of great things going on there.”

Others said medical marijuana dispensaries should be subject to regulations much like licensed pharmacists, and said the moratorium fails to address a lack of affordable housing as properties are purchased solely for the production of marijuana, as well as raised concerns about safety within neighborhoods.

One resident put it, “It just appears Arcata has reached a tipping point.”

To watch video from Wednesday’s council meeting or view staff documents, visit the city of Arcata’s Web site at http://www.cityofarcata.com/index.php.

Council adopts expenditure plan for proposed tax

The Arcata City Council has moved forward with developing an expenditure plan for a one-half percent sales tax slated for the Nov. 4 ballot.

At its April 16 meeting, the council approved development of a proposed increase in sales tax to be dedicated toward transportation maintenance, rehabilitation and improvements.

If approved, the tax would be used to offset an approximately $15 million backlog in needed rehabilitation and maintenance in the city.

Eighty-five percent of the tax would be used for road rehabilitation and maintenance; five percent would go toward sidewalk capital improvements, bike lanes and alternative transportation; five percent would be used to implement traffic calming and bicycle and pedestrian improvements; and five percent would be used to help maintain and expand city transit services to include Alder Grove Industrial Park.

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