Six local medical marijuana clubs received the notices of violation on Tuesday, according to the Code Enforcement Division. The same day, the Board of Supervisors began to consider how such clubs should be addressed in county ordinances.
Those receiving the notices – which alerted them that marijuana dispensaries are not an allowed use in the county's zoning ordinance – included Alternative Solutions in Clearlake Oaks, Patients Resource in Kelseyville, the Northern California Collective and Vapor Lounge in Lower Lake, and MJ's Place and The Patient's Choice, both located on Main Street in Upper Lake.
Troy McKenney, who has been operating The Patient's Choice club since October of 2007, said on Wednesday he had received no previous communications from Community Development before an official arrived the previous day to hang the notice of violation on his door.
He said he adheres to medical marijuana law in California, ushered in with the Compassionate Use Act of 1996, which was approved by California voters.
McKenney said his club members were extremely upset. “They can't believe that this is happening.”
But on Wednesday Community Development Director Rick Coel said those notices of violation were on hold, and certified letters were sent out notifying the cannabis clubs that the violation process was frozen.
On Tuesday, the Board of Supervisors discussed zoning ordinance amendments, including some that would affect cannabis clubs and cooperatives, and decided to schedule a hearing at 1:30 p.m. on May 12 devoted to the medical marijuana zoning issues. At that time, Coel also agreed to put a hold on the violation notices.
Coel said the timing for the notices – coming at the same time as the board's Tuesday discussion – was a coincidence. “We had wanted to get those out weeks ago and there were some delays.”
The reason for the notices, said Coel, is that the dispensaries and clubs aren't a listed use in the zoning ordinance, which states that if uses aren't specifically stated they're presumed to not be allowed.
An extremely complex issue
Coel said dealing with the cannabis clubs is an extremely complex issue. So on Tuesday he went to the Board of Supervisors to seek direction on that and several other possible county zoning ordinance updates proposed in the coming months, from RV storage to farm animals in residential districts for 4-H projects, shade structures and cargo containers.
He discussed all of the other proposed amendments on Tuesday before moving to the cannabis club item – “We saved the most complex for last,” Coel said – which drew about a dozen concerned medical marijuana patients and cannabis club owners and managers.
Growing medical marijuana and having dispensaries are gaining popularity locally, which gives rise to the need to clarity how to handle them in the zoning ordinance. Those clarifications, Coel suggested, could emphasize that dispensaries aren't allowed.
He asked to have a dialogue with the board about whether it's appropriate to ban outdoor growing in the community growth boundaries due to issues like odor. There also would need to be guidelines for indoor grows.
Coel suggested setting criteria for public safety that includes requiring cooperatives have organizational charters. There could be other limits such as are used in other jurisdictions around the state, including limits on the amount of square footage allowed for grows.
Business owners and neighbors of many of these operations have complained about everything from traffic and property values to public perception and safety, he said.
Coel pointed out that the dispensaries and clubs are unregulated, with no county process to deal with them. In addition, he cited environmental concerns – grows located near creeks, with water sources being dammed up.
Some jurisdictions, he added, don't allow dispensaries.
“There seems to be a real lack of guidelines and regulations at this time that makes enforcement particularly difficult,” said Coel.
Supervisor Anthony Farrington pointed out that, while the county's zoning ordinance didn't allow for medical marijuana dispensaries and cannabis clubs, those were allowed uses under state law.
“I believe that it's a legal right,” said Farrington, asking what the county was going to do to allow the groups to be legal.
Coel said some jurisdictions have created a permitting process for cooperatives. Farrington followed up by asking where clubs and cooperatives would then be allowed as far as zoning.
When Coel suggested agricultural and rural lands zoning areas, Farrington replied that in other jurisdictions such groups are in urban areas, which he felt made more sense. He added that the county should have laid out regulations as far as permissible zoning for the groups' retail aspect.
Retail should be in an urban area's commercial district, Coel said. If they compared clubs and dispensaries to a pharmacy or clinic, that would necessitate C-2 zoning and put them squarely in the downtowns. C-3 zoning would locate the dispensaries on the edge of towns.
“The reason you have zoning is to determine what the compatible uses are,” said Board Chair Denise Rushing, pointing out that growing and distribution are two different issues.
During public comment, the board heard from medical marijuana patients and dispensary managers angry about what they perceived was a violation of their rights.
Dave Moses, managing partner of Alternative Solutions in Clearlake Oaks, was one of the those who received the violation notice. He said state law supersedes county law, and added that he was looking into filing a discrimination suit against the county.
Mike Lawrence, owner of the Northern California Collective and Vapor Lounge in Lower Lake, said he also received a notice violation.
Lawrence noted the complexities of understanding medical marijuana laws and guidelines. There are many gray areas, he said, and even some medical marijuana experts haven't been able to sort it all out.
He pointed to the guidelines produced last summer by California Attorney General Jerry Brown, which look at both Proposition 215 and SB 420. California NORML explains that SB 420 established a voluntary state identification card program for medical marijuana uses, and also established guidelines for possession and cultivation – limiting patients to six mature or 12 immature plants and 8 ounces of marijuana unless a doctor determines more is necessary.
Lawrence suggested the attorney general is the leader in dealing with the gray areas of the law. He also presented the board with a proposed system for dealing with medical marijuana concerns.
Clearlake Oaks resident Ronda Mottlow said clubs and dispensaries are a safe way for people to get the medicine they need. Without them, people would need to go out to the streets and the black market. “You're not being fair to those people who really need it,” she said.
Patients shared that medical marijuana has helped them deal with a variety of ailments. Douglas Van Dyke, an 11-year cluster headache sufferer, said he relies on medical marijuana, and demanded to know the reasons for the violation notices, which Coel said arose because they are not an allowed use.
County Counsel Anita Grant referred to the attorney general's guidelines, and pointed out that dispensaries are not recognized under state law – only coops and collectives are.
The board agreed that they wanted to hold off on a decision and look more closely at the larger picture. Farrington said it's not his intention – and he doesn't believe it's county staff's, either – to run the groups out of the county.
More information and input needed
Coel said he believes the discussion ahead is a wide open one.
He said he expects Sheriff Rod Mitchell to speak at the May 12 hearing to offer the law enforcement perspective.
Coel said he's researching what other jurisdictions do – including Sonoma and Mendocino counties, and the cities of Willits and Ukiah – for ideas on crafting local guidelines. The jurisdictions around the state have a patchwork of regulations, he noted.
Just within Lake County, Lakeport has banned outdoor medical marijuana growing and Clearlake is having a debate about dispensaries, several of which have operated for years in the city, where officials are debating banning them altogether or instituting guidelines, as Lake County News has reported.
“None of us wants to make it more difficult for the folks who need it,” Coel said. “That's not the goal here at all.”
But there are real problems that need to be addressed. Coel said his department is seeing problems with houses being converted for growing purposes, with overtaxed electrical systems that lead to dangerous situations. There are also the community complaints.
“There's got to be a way to do this where everybody's happy,” he said, adding that he doesn't expect a resolution anytime soon.
Grant is doing her legal research in preparation for May 12, in order to be able to look at the complications of zoning.
She said Proposition 215 doesn't allow for medical marijuana sales. The law is confusing, she said, and fails to adequately deal with compassionate use needs, which creates other problems.
No law is an absolute guarantee, said Grant, with restrictions allowed for time, place and manner, which is where zoning would come in. Agricultural activities aren't allows everywhere, and medical marijuana growing and distribution can be similarly controlled, she said.
In looking at the law, consideration also has to be given to other people, such as those people concerned about growing, said Grant. The law doesn't infringe on their right to enjoy their property.
“The issue is trying to find a way to accommodate these things,” she said.
She's also looking at the possibilities of permitting cooperatives, which could result in a revenue stream for the county.
“It's important to listen to everybody,” Grant said.
Lawrence said Wednesday the system he's proposing the board look at offers collective control that monitors growers and keeps a local patient database.
He said he's thought through every scenario in building the system, which puts a distinctive line between good and bad growers.
Lawrence is planning to be at the May 12 meeting to follow up with the board on how they could implement the system here. He said he has both growers and collectives willing to come on board and pay taxes and fees that would give the county a revenue source.
McKenney said his club members are planning to rally on May 12 and travel to the hearing. He said he has a lot of community support for the club. “It would be a shame to take it away.”
He said people are concerned about what's going on with the cannabis debate. “We're just gonna ride it out and see what happens.”
E-mail Elizabeth Larson at
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