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Old 03-15-2010, 11:09 PM
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Default Cotati Approves 1st Medical Marijuana Dispensary

CA - A medical marijuana dispensary slated to open in Cotati would become the fifth dispensary in Sonoma County following a decision by the City Council here to approve the measure.

Medical marijuana advocates from other dispensaries Thursday called the vote “an amazing positive.”

“Patients in Sonoma County are underserved and anything we can do to create more options, offer more competition, and drive down prices, it's a good thing,” said Robert Jacob, executive director of Peace and Medicine, a Sebastopol dispensary.

But members of a neighboring church on the city's west side, the Calvary Life Center, weren't happy at all, saying they may resort to legal action against the Mercy Medical Dispensary Collective.

Church member Neil Hyler unrolled a 15-foot ribbon before Wednesday's 5-0 council approval to show how close his church's doors would be to the dispensary's.

“We potentially could lose parishioners for the sake of this dispensary coming in,” he said.

The dispensary is owned by Greg Lucas, a Santa Rosa businessman. It will be the first marijuana dispensary in Cotati.

In making his case, Lucas, a contractor and developer, told councilmembers: “I am the face of the new medical cannabis” business.

The dispensary will be near Highway 101, in a small Redwood Drive shopping plaza across from the Lowe's home improvement center. The plaza used to house the Montana Hawk shooting range and now holds a military surplus store, a physical therapist and the Calvary Life Center.

It was the church that was at the center of much of the council's discussion, which veered at times into whether the church itself was a legal use on the property.

Church leaders and congregants said that the dispensary would invite crime and pose a threat to the public, especially to younger churchgoers.

“It's our goal and ambition to create a safe and wholesome environment for our youth to attend,” said Youth Pastor Andrew Howard. “We don't want our kids exposed to this.”

Soon after, Christina Vasques testified in favor of the dispensary. She said she was a breast cancer survivor who had used medicinal marijuana. Then she turned to the audience and said: “I am the person that you are afraid of.”

Church members' objections revolved around the fact that youth attend a Sunday school held at the church — and they pointed out that the city ordinance that permits one dispensary in town says it cannot operate within 500 feet of a “youth oriented facility” or school.

But city staff said the school was not allowed to operate at the site because it doesn't have a use permit, so it was not being considered in connection with that prohibition.

“It's not a permitted school,” said Marsha Sue Lustig, assistant to the city manager. “It's not there with any approval.”

Discussions about whether the church — which originally opened without a proper use permit — was also illegal, and whether it had knowingly opened its school without a permit, provoked its pastor, Samuel Howard, to anger.

“To call the church illegal and to call my church dishonest, I don't appreciate it at all,” Howard said, “because my business is to save people's souls.”

The owner of the property, Craig Enyart of Healdsburg, said, “Safety is our chief concern,” and said that Lucas' security plan was well-crafted.

“If it is not working, the lease will be pulled. It's as simple as that,” Enyart said. “We feel that once this gets up and running, fears will subside and everything will be fine.”

Lucas must reapply annually for the dispensary's license, noted Vice Mayor Janet Orchard.

“We have a lot of power” if changes need to be made, Orchard said.

A children's party store and a music school conduct business nearby — across Gravenstein Highway — but city staff said the highway would act as an “insurmountable barrier.”

Outside City Hall, as church members milled about, Lucas shook Pastor Howard's hand.

“We'll be a good neighbor, I promise you that. You have my word,” Lucas said.

Howard thanked him.

Later he said, “We're handed something, we've got to work with it.” Then he added, “The church has got lawyers. We already voted to contest it. We may vote to go further.”

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