Ukiah Daily Journal Staff
Posted: 06/28/2011 11:00:00 PM PDT
A pot paradox or bud bingo?
Grand jury urges dispensary law
The Daily Journal
The Mendocino County grand jury has issued a report which calls for the county to enact an ordinance regulating medical marijuana dispensaries in the county.
"Given the fact that Mendocino County has gained worldwide attention for the apparent ideal conditions for the production of marijuana," the grand jury report states, it would be smart for the county to try to control the over-the-counter sales of medical marijuana here. It would also, the jurors point out, help raise needed county revenue.
"Without the presence of an ordinance, the legality of existing MMJDs in Mendocino County is uncertain," the report adds.
"Across the State of California, county MMJD ordinances vary in degree, and range from outright prohibition of dispensaries, to legally-worded complex rules that include in their ordinances who, where, and how dispensaries can be established or maintained," the report finds.
Since the county doesn't have such an ordinance, the county Treasurer-Tax Collector is unable to accurately state how many MMJDs or medical marijuana collective business licenses have been issued.
The Board of Supervisors had been looking at a dispensary ordinance in committee in 2009 but work on it stopped and a draft ordinance was never considered.
No one knows how many dispensaries are now in operation in the county, the report states, although two dispensaries have recently been established in Mendocino Township.
"These dispensaries are located within 1,000 feet of areas frequented by school-aged children in the town," says the grand jury.
Meanwhile, the grand jury added, "the Sheriff publicly stated that 30 percent of his staff's time is devoted to marijuana issues."
The grand jury, citing an ordinance in San Jose, notes that a gross receipt tax of 7 percent (the San Jose model) on medical marijuana dispensaries would bring in much-needed revenue for county law enforcement.
Without a dispensary ordinance, the grand jury concluded:
any number of dispensaries can be established anywhere in the county with merely the acquisition of a business license,
there is no enforcement/abatement actions of existing public nuisance codes under Mendocino County Ordinance 9.31 against establishing or operating MMJD,
the needs of neighbors and communities to be protected from public safety impacts of MMJDs is not met
there are no grounds for denial by the county, of a MMJD except the limitations imposed by the business license process.
The grand jury recommended that the county pass such an ordinance and that besides collecting fees, it include provisions for mobile dispensaries, public and neighborhood safety concerns, food safety for food-based marijuana products, and be clear on the patient/caregiver relationship.
The grand jury also believes that not all members of the Board of Supervisors are qualified to address this issue.
"The grand jury believes that this issue is a far-reaching topic worthy of serious and immediate attention by the BOS. In order to avoid any appearance of conflict of interest, the grand jury feels that members of the BOS, who may have in the past, or may be currently involved in the production of MMJ, recuse themselves from any vote on this matter," the report ends.
http://www.ukiahdailyjournal.com/ci_18374882
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