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Medical pot shop ban extended; halts local applicants

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County supervisors unanimously extended the temporary moratorium on medical marijuana facilities until next March to give staff more time to prepare options to amend governing regulations and create tighter enforcement tools.

The April 27 action took place two days before the expiration of the 45-day moratorium that the board adopted on March 16.

County counsel will, however, review whether applicants who had building permits before the moratorium have a vested right to continue, as raised by Gina Austin, the attorney representing ShowGrow in Ramona. ShowGrow is one of two licensed and operating medical marijuana collectives in the unincorporated county. The other is near Gillespie Field.

Representatives for ShowGrow said their plans called for also opening a cultivation facility but the moratorium bars them from doing that.

“At this point in time, if we wanted to widen a doorway, we can’t do that,” said Austin.

The attorney said the moratorium interferes with the vested rights of ShowGrow’s operating certificate from the sheriff’s department.

ShowGrow was one of two groups and 20 individuals speaking in opposition of a moratorium extension, while 10 spoke in favor. One of those in favor was Ramona Community Planning Group Chair Jim Piva, who said Ramona is scheduled to have six medical marijuana facilities.

“I would ask that you...prevent more dispensaries from opening in our community, but also continue looking at parity throughout the county so that we are not a designation for people to come buy marijuana to our community, use it and drive our dangerous roads,” he said.

Piva, who attended with planning group secretary Kristi Mansolf, told the Sentinel that Ramona was the only planning group represented at the meeting.

Those opposed to the extension included applicants for collectives at 1210 Olive St. and 618 Pine St. in Ramona, who said they followed the county’s medical marijuana ordinance, made big investments to comply and were close to opening but are now losing money every day as they cannot move forward. Both had building permits before the moratorium.

Steve Lake, a partner for the Olive Tree Patients Association at Olive Street, said the county published a list of 118 properties that were appropriately zoned and approved for the medical marijuana ordinance and he relied on that to acquire property for his business.

Lake said he closed escrow in December 2015, and since then has had to meet many requirements, including a fire suppression system that the stamped plans did not require, at a cost of $90,000, and a centerline project to widen the road in front of his facility that also necessitated moving a San Diego Gas & Electric pole for a cost of $150,000.

“The result in delays pushed our timeline to the point where we’re still not open,” he said. According to a paper he provided, money invested amounts to $1.868 million, including $1 million in real estate.

Dino Berardino with Survivor Meds, the applicant for the 618 Pine St. site, said his building plans were stamped by the county and approved.

“We spent millions in this endeavor to be approved...in fact, we spent so much to be legal and approved by you, I’ve gone broke and had to seek investors. Where’s the fairness?” he asked.

Others in opposition of a moratorium spoke of medical marijuana benefits for those with epilepsy, cancer and other medical issues and the need for safe access to the product. Some urging an extension talked about collectives’ proximity to residences and sending a wrong message to youth.

Supervisor Dianne Jacob said the board is not denying access to anyone as there are two collectives in the unincorporated area and about 10 in the city of San Diego.

“It’s kind of like hitting the pause button — a time-out until we give staff enough time to take a look at it,” Jacob said of the moratorium.

“I don’t ever know...where we changed land use rules when people are at the goal line,” said District 3 Supervisor Dave Roberts. “And that’s what really bugs me about this.”

Roberts indicated he did not want to see dispensaries banned in the unincorporated area as that could push more into the supervisorial districts that include the city of San Diego.

Jacob noted that all but one of the collectives — open and proposed — are in her district. In directing staff, Jacob said three options for ordinance amendments are important to her: require a major use permit to open a facility to allow community input; setting limits to the number of facilities in a district or community; and changing the siting requirement from 1,000 feet from a residential zone to 1,000 feet from residential use.

Jacob’s motion for the staff recommendation to extend the moratorium was seconded by Supervisor Bill Horn.

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