At the meeting, held on Thursday, May 26, two council members – Mayor Joyce Overton and Council member Judy Thein – were absent due to illness, leaving a bare quorum of council members to consider some of the outstanding issues.
Interim City Administrator Steve Albright summarized the council's previous discussion, held during a special council meeting May 17, and outlined some of the changes in the ordinance draft.
The document included a revised definition of a dispensary, which is now described as a “location that provides consumer related products and services primarily found within the City's C-2 and C-3 zoned districts which distributes, transmits, gives or otherwise provides medical marijuana to qualified caregivers” in accordance with state law instituted under the Compassionate Use Act of 1996.
He said it was his interpretation of the council's direction that they had agreed to allow four dispensaries, up from the three proposed in the original draft. That was a compromise between three and an unlimited number, which some council members had proposed.
The proposed ordinance calls for five dispensaries to be allowed once the city's population – now estimated by the US Census Bureau to be just over 15,000 – rises to 20,000 residents, Albright said.
“The other controversial thing had to do with zone districts,” he said.
Albright said it's proposed that the council allow the currently operating dispensaries to be grandfathered into their respective commercial zones, but new dispensaries would be required to be located in the C2 and C4 zones.
By changing some of the considerations about zoning and the number of dispensaries that would be allowed, Albright suggested the document needed to go back to the planning commission for additional input, which would mean the council couldn't adopt the ordinance that evening.
“It will delay us two or three weeks, we understand that,” he said.
Council member Jeri Spittler asked if people would be able to smoke marijuana at the dispensaries.
The answer was no. According to City Attorney Malathy Subramanian's interpretation of Proposition 215, smoking can't take place where you can't smoke according to existing state law. Smoking in a commercial setting like a dispensary would therefore be prohibited.
Councilman Curt Giambruno said the council needed to go through the document with a fine-toothed comb. “There's too many things in here. … a lot of it doesn't make any sense,” he said.
He also felt that, with Overton and Thein absent, a decision should wait until a full council was present.
Lower Lake Attorney Ron Green called the proposed ordinance a “good and reasonable” document, adding, “this ordinance is light years ahead of what the current county draft is.”
However, he questioned certain changes to the proposed ordinance, including the dispensary definition.
He also urged the council to raise the number of dispensaries to five. “The more the better. Competition is good,” said Green, suggesting the council should let the market place decide how many are needed.
Green urged the city to keep its options open, especially if the county approves a stricter ordinance. “The politics in the county are pretty funny right now,” he said.
He said the city might be able to attract dispensaries and patients to shop in the city if the county takes too strict an approach.
Giambruno said he didn't want more than three dispensaries in Clearlake.
“Well I would like to go on record as opposing that,” said Green.
He urged the council to get an ordinance passed before this fall, when a moratorium on new medical marijuana dispensaries expires. “All hell is going to break loose if you don't pass something,” he said.
Green also challenged the city attorney's interpretation of a ban on smoking at dispensaries. He said employees should be able to medicate during the day.
Smoking on the premises was allowed in the original ordinance, according to Green, and he said other places allow vaporizing and other methods of taking medical marijuana at the facilities.
The council agreed to send the ordinance back to the planning commission and extend the public hearing to June 9 at Albright's suggestion.
Vice Mayor Joey Luiz said he was against limiting the number of dispensaries. “We should allow the market to control itself,” but added, “I think we're really close” in arriving at a final ordinance.
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