Amador County – Sutter Creek Planning Commission received reports on medical marijuana dispensaries recently.

The planning commission was asked last month by Mother Lode Wellness and Patient Care to determine whether or not a medical cannabis dispensary is a permitted use in Sutter Creek.

City Planner Bruce Baracco in a November 4th report noted that the Planning Commission had determined that “allowing a medical cannabis dispensary under a conditional use permit did not apply” because “the proposed use was not essential or desirable to the public convenience or welfare.”

Baracco analyzed “whether or not a medical cannabis dispensary is similar to permitted uses contained in the zoning ordinance.” He said “drug stores,” normally considered “pharmacies,” are allowed in city zoning code, and some marijuana dispensaries call themselves pharmacies. He said “the operative question” becomes whether a medical marijuana dispensary is “the functional equivalent of a pharmacy, and therefore a permitted use.”

Baracco said the Federal Controlled Substances Act classifying marijuana as a Schedule 1 drug, and “a medical cannabis dispensary is not the functional equivalent of a pharmacy, and therefore is not permitted within” the city commercial “C1 or C2 zone,” and “not eligible to be dispensed by a pharmacy.”

Assistant Planner Mary Beth Van Voorhis reported Monday that she attempted to gather information about medical marijuana dispensaries that are permitted within cities having population sizes similar to that of Sutter Creek.

She was unsuccessful in her “first five attempts to be able to talk to any owner of a medical marijuana dispensary.” She planning and building departments gave some information, but “lacked specifics on taxes collected or law enforcement issues.”

Van Voorhis said Rancho Cordova (population 62,937) “prohibits any use that is in violation of state or federal law.” Windsor (population 25,916) prohibited marijuana dispensaries “on the basis that it is not consistent with federal law.”

Sonoma County (population 472,000) and three other jurisdictions polled by Van Voorhis, allowed pot dispensaries under the state “Compassionate Use Act of 1996.” Sonoma and Shasta Lake (population 10,294) tax marijuana sales, while Colfax (population 1,993) also taxes cultivation.

Sebastopol (population 7,943) does not collect taxes, and has a use permit, annual review criteria, and procedures, under a specific ordinance. Colfax’s dispensary “came in under the radar” and opened with a business license. Colfax City Council passed an ordinance to prohibit additional dispensaries.

Shasta Lake allows the dispensary with a specific ordinance, and limits to a maximum of three establishments in city limits. It is also working on a cultivation ordinance. Sonoma County has a use permit and specific zoning districts.

Sutter Creek, had a population of 2,654 in 2009.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.