[420 Girl]

After months of public complaints and input, Arcata is getting closer to regulating medical marijuana in some form -- starting with land use guidelines for dispensaries.

The city, hoping to have some sort of tool to navigate through Proposition 215 issues involving legal grows and the loss of residential housing, enlisted the help of the four existing dispensaries to begin drafting land use codes that would apply to medical marijuana dispensaries. It may be ready for the council to approve as early as next month.

While dispensaries are not directly linked to illegal grow activity, Mayor Mark Wheetley said the state's sometimes vague 215 laws leave a lot of room for abuse and the city's general plan did not address the issue.

”Clearly the clinics aren't the No. 1 problem, it's that whole sweep of issues,” Wheetley said. “We're working within the clear vagaries of 215.”

The revised land use guidelines will include a section on medical marijuana dispensaries, covering the organization's operations, application process and records.

Larry Oetker, the city's community development director, met with representatives from dispensaries earlier in the month to gain insight into the issues they encounter. He said the dialogue between the city and the dispensaries have been very positive with good participation from both sides, making for a well-rounded approach to drafting guidelines.

”I don't run a medical marijuana dispensary. The goal is to bring in the people that run that industry and try to develop some standards that reflect the day to day operation of that industry,” Oetker said.
At last week's Planning Commission meeting, Oetker presented some of the revised points to the commissioners, outlining the emphasis on an open dialogue between the city and dispensaries, the submission of an operations manual, good record keeping, internal product control and security.

Discussion seemed to be dominated by how to regulate sales from excess grows, putting a cap on the number of dispensaries and the importance of producing an operations manual.

While dispensary owners agreed that an operations manual is a good tool for any organization, there was some concern about trying to regulate the purchasing of marijuana from personal 215 grows.

Carla Ritter of The Humboldt Cooperative said allowing residents to sell excess product from their grows actually helps to keep the product from going into the black market and some residents actually donate their excess marijuana.

Growing marijuana is like growing any kind of crop, Ritter said. Sometimes, only a part of your crop makes it and sometimes all of it makes it, she said. Selling excess marijuana can help offset costs for growing, Ritter said.

With so much unexplored territory, all parties involved are concerned with how much the Planning Commission can even regulate, but everyone's goals seem to be aligned, said commission Chairman Robert Flint. Safe access to medical marijuana is key, but the focus of the guidelines is to help alleviate the loss of housing and the deterioration of neighborhoods, Flint said.

Wheetley agreed.

”We're plowing new ground here for the state,” he said, adding that the city wants the guidelines to improve the situation for all those involved.

”We're trying to make informed policy here; we're not trying to create something in the dark,” he said.

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