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COUNCIL PASSES 45 DAY MORATORIUM OF NEW MEDICAL MARIJUANA DISPENSARIES
Only in Mendocino County
For a variety of reasons, and from a variety of different political
persuasions, the Ukiah City Council Wednesday night unanimously approved a
temporary moratorium on new medicinal marijuana dispensaries. Also by
consensus, staff was requested to quickly develop zoning regulations for
future cannabis clubs.
The matter was introduced by City Attorney David Rapport. An urgency
ordinance going into effect immediately, the moratorium would prohibit
construction of new dispensaries within city limits. The two existing clubs
will not be allowed to expand their businesses, but otherwise will not be
affected. If new zoning laws are not created by July 2, the council can
extend the moratorium for up to 10 months.
Surprisingly, the matter did not provoke a lengthy debate. Only three
members of the public addressed the council, and all three spoke against
the moratorium.
Of note, Dane Wilkins, director of the Northern California National
Organization for the Reform of Marijuana Laws ( NORML ) drew parallels
between medicinal marijuana and Prohibition, calling Ukiah's current
situation "neither an urgency ( n )or emergency." Local physician, Dr. Peter
Keegan offered accepted corrections to language in the moratorium, and
heavily critiqued the ordinance. His comments of two weeks ago also incited
some questions from the council.
It was the discussion following public comment, however, which was interesting.
Mayor Mark Ashiku pushed both the moratorium and an expedited conclusion to it.
"So the real question then becomes, do we want a marijuana dispensary
immediately adjacent to a school, do we want it next to the Boys Club and
Girls Club? These are decisions that we don't seem to have any problem with
as it relates to a liquor store," declared the mayor in favor of zoning
regulations.
Councilmember John McCowen, originally responsible for the discussion and
ordinance, shared the mayor's sentiment. He did not wish for the general
prohibition of clubs, just for their expedited regulation.
Worried about the potential legality of the matter, Councilmember Mari
Rodin seemed to share sentiment with both Rapport and Keegan. She asked
about problems the city has had with dispensaries as well as their
proliferation. Without any particular problems and no new clubs in the
plans, Rodin wavered.
Rapport, however, assured her the courts are "indulgent" and would not
present significant concerns. Plus, with regulations imminent, it would
behoove future dispensaries to be guided by the appropriate zoning laws.
Councilmember Phil Baldwin added his general concerns, particularly about
the highly profitable nature of dispensaries. Full legalization, according
to this official, is the only way to deal with the problem.
Ultimately, the entire council, including Councilmember Doug Crane, voted
in support of the moratorium as well as a request of the development of
zoning regulations.
