[420 Girl]

After nearly a year of public discussion, meetings and deliberation, Arcata made a step into uncharted medical marijuana territory last week by approving its new medical marijuana guidelines, upsetting some dispensary members who felt the final product may not be effective in addressing resident or patient concerns.

”They're basically shuffling the deck at the end,” said Humboldt Medical Supply's attorney Greg Allen after the Wednesday night meeting when the decision was made. He said the council was not listening to concerns about some of the language in the guidelines.

The council unanimously adopted the guidelines, which aim to regulate how dispensaries operate in hopes of curbing Proposition 215 abuse, with a clarification included regarding the amount of space in which cultivation may take place.

The guidelines -- which will apply to all areas of Arcata except those that remain in the coastal zone, which is located mainly in the bottoms as well as south G Street -- will go into effect on Dec. 20.

Dispensaries will have about a year to come into compliance since they will have to apply for a new permit. The Coastal Commission will be reviewing the guidelines for the coastal zone.

”We recognize 215 and 420,” Mayor Mark Wheetley said. “Everything was being done with an eye towards that.”

Wheetley said he felt the process was a very open discussion and credits the creation of the guidelines to the engagement of the community.

”I think that it was a pretty productive process and I am hopeful that we found a balance that puts this issue on a productive path to being resolved,” he said.

More than a year ago, there was growing public concern over the issue of grow houses in residential neighborhoods locally and across the state. Wheetley said the guidelines grew from that concern, which was related to issues of affordable housing and the over use of energy. There was also a rash of grow-related fires last fall.

”It was just a matter of time until something horrible happened,” he said, talking specifically about public safety.

As dispensaries across the state were being shut down due to issues related to public safety, the city was receiving phone calls about the possibility of opening new dispensaries in Arcata, Wheetley said.

”There was a fear of a influx of people wanting to come here,” he said.

While Carla Ritter of The Humboldt Cooperative said she applauds the city for its dedication and efforts in creating the guidelines, she is not sure if it will be able to address issues concerning patients. She said she recognizes the city's responsibility to address public concern.

”I'm very interested in supporting the city in making this industry solid, completely above- board and trackable. I am not, however, interested in the city putting more regulations onto this industry,” she said.

The guidelines require that primary caregivers grow only in a residence they are living in or in the home of a patient for whom they are growing.

Ritter said that she wants the city to keep in mind that these regulations may not be applicable to many patients and hopes that the city won't clump patients together.

One example, Ritter said, is of an 80-year-old patient she knows who is disabled and lives in a subsidized apartment. She said the woman cannot grow by herself and is not comfortable with having a caregiver come into her home to grow.

”Oftentimes a city loses sight of the people,” she said, adding that she thinks the guidelines should include allowing exceptions to be made for severely disabled people, or people with special circumstances.

Allen called the guidelines “irrational,” specifically calling attention to the issue of cultivation space.

The guidelines restricted cultivation space to 50 feet and 10 feet in height for residential grows. Dispensaries have to obtain on-site cultivation permits that dictate that the cultivation cannot exceed 25 percent of the total floor area, with a maximum of 1,500 feet and 10 feet in height.

”It has no rational basis,” Allen said, adding that the city is focusing on the restriction of how much medical marijuana is being produced by limiting space, which will not help reduce the possibility of commercial grow houses.

On Wednesday, members of Humboldt Medical Supply brought in 50-foot container and filled it with some of the supplies needed for a grow in order to illustrate the point.

Allen said the dispensary was preparing to file a lawsuit against the city due to issues with the permitting process. Currently, HMS is allowed to dispense, but not to grow on-site.

”We're going to consider what options are available,” he said.

Wheetley said he heard the concerns of the public and pointed out that the guidelines can be revisited in six months during the land use code revision process for any amendments or clean up of the language. He said the guidelines are a big step that will be put to the test in the next few months.

”Only time will tell,” he said.

Ritter said THC is fully prepared to cooperate and make the necessary changes to come into compliance but she is glad there will be an opportunity in the future to discuss revisions she thinks are necessary.

”It's time to move on,” she said.

For the complete guidelines, go to City of Arcata - Home

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