CA: Council Delays Medical Cannabis Ordinance Until It Hears From The Public

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The Livermore City Council delayed moving forward with regulations for operations of a medical cannabis dispensary until it hears from the public on the issue.

Staff had presented the council with a variety of regulatory options, as well as a plan for community outreach.
Mayor John Marchand said he wanted to wait until the public weighed in on the subject of a medical cannabis dispensary before enacting an ordinance.

Councilmember Laureen Turner, who championed the establishment of a dispensary, said that she would prefer moving forward with an ordinance.

No formal vote was taken. However, other councilmembers were content with the idea of hearing from the public first.

In October, the council had directed staff to develop regulations, which if adopted would permit a medical cannabis dispensary to locate in the heavy industrial zoning district on the east side of the city. Currently, dispensaries are banned. However, delivery is allowed from outside the city.

The recent approval of the use of recreational marijuana by state voters could have an impact. Councilmember Bob Woerner asked staff to come back with an ordinance prohibiting the ssale of recreational marijuana in Livermore. Passing such an ordinance would buy time for the city to come up with regulations for medical dispensaries.

If such an ordinance were not passed prior to January 1, 2018, recreational dispensaries would automatically be allowed.

Scott Lee, senior planner, said prospective regulations for a medical dispensary could include a conditional use permit, along with a state license and local license. Police background checks would be conducted on operators and employees. A plan to verify that customers are qualified patients and caregivers would be required.

Cultivation would not be part of the allowed use under staff’s suggestions for an ordinance. Recreational use would be covered separately. The dispensary would be only a storefront with no delivery option. Any dispensary would be located at least 1000 feet from sensitive land uses, such as parks and schools.

A public outreach campaign was proposed that would include a public workshop for the general public, a workshop for a target audience directly impacted by a medical cannabis dispensary such as those who might operate one or who would use it to buy the medical cannabis,and an online survey.

Turner suggested that delivery should be allowed by the dispensary. She said that it makes no sense to have an outside entity deliver locally, if there were a local dispensary.

The amount of cannabis on site was also an issue. Turner suggested that the potential 20 pound limit would make it difficult to provide edibles. They tend to weigh more than the flowers. She suggested looking at the THC content over weight.

During the public hearing, speakers raised similar issues regarding delivery and amounts. Several asked that the buffer be lowered from 1000 feet using a 100 foot variance, which they said is making it difficult to find property in the area zoned for a dispensary.

They also supported allowing cultivation in small amounts. Growing locally would help to guarantee the quality and content of the product, they said.

Councilmember Steven Spedowfski said the language proposed by staff was a good starting point. Suggestions made during the hearing by members of the public and comments from councilmembers give the city enough to consider as part of an ordinance.

Turner was more outspoken about changes she would like to see, including allowing cultivation, a delivery option, additional weight of allowed product on site, and the ban on the sale of paraphernalia. She noted that there are some specialized equipment for administration of medical cannabis. Turner also urged the city not to wait until January 2018 before enacting an ordinance.

Mayor Marchand said he would like to leave it to staff to work with the professionals on regulations after hearing from the public.


News Moderator: Katelyn Baker
Full Article: Council Delays Medical Cannabis Ordinance Until It Hears From The Public
Author: Staff
Contact: 925-447-8700
Photo Credit: Reuters
Website: The Independent