Dispensary ban extended
The
Mariposa County Board of Supervisors made it impossible for a marijuana dispensary to open here for at the least the next 10 months. The action came as an extension to an earlier emergency ordinance at Tuesday’s regular meeting.
The board unanimously adopted an extensions to the urgency ordinance which was adopted on Jan. 26, that defines medical marijuana dispensaries and prohibits their establishment. The extension is effective March 12 and will expire in 10 months and 15 days.
According to the board item submitted by County Counsel Steve Dahlem, existing County zoning regulations do not provide for location and regulation of medical marijuana dispensaries. Mariposa County has, according to Dahlem, received inquiries from parties seeking to open medical marijuana dispensaries here. “Without sufficient regulations, standards, procedures and thresholds which are enforceable pursuant to an adopted ordinance, there are potentially detrimental effects to the health, safety and welfare of the community,” Dahlem wrote.
During Tuesday’s public hearing, Board Chairman Kevin Cann asked Planning Director Kris Shenk what the board can really expect in the process that begins with the urgency ordinance.
Shenk said it would take about six months to prepare a staff report on how other jurisdictions are handling the issue. “It’s appropriate to have as much information as to how other communities are dealing with it,” he told the board. He expects to bring the matter back to the board in the fall.
Supervisor Lyle Turpin said he wouldn’t want this process to interrupt other business that planning has. Shenk said he doesn’t want the process to “derail” any other issue in his department, and explained that the urgency ordinance could be extended for another year, if necessary.
Supervisor Jim Allen said going through the process is necessary. “I hate to utilize staff time, but I am very concerned in regard to legal challenges,” he said.
Dahlem said no matter the outcome, the process still needs to be followed. “Even if it’s a thumbs-down right out of the gate, it still has to go through the process,” he explained to the board.
Sheriff Brian Muller said extending the ordinance is appropriate, but pending state propositions could “change drastically” the current law. “The board taking action to avoid future litigation is probably the prudent thing to do,” Muller said.
The sheriff said that jurisdictions that previously allowed for dispensaries are now trying to shut them down because they are operating outside the law.
“Law enforcement is finding that dispensaries are being operated not by care givers and for profit,” the sheriff said. California’s Compassionate Use Law allows for medical marijuana to be purchased by persons with a prescription and their care givers.



This would send the wrong
We already have "drug shops"
And I would bet the body
It is typical for the board
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