GUIDELINES IN THE WORKS FOR DISPENSARIES

CLEARLAKE-The Clearlake City Council directed staff Thursday to
prepare draft guidelines for regulating medical marijuana
dispensaries. According to City Administrator Dale Neiman, the
process could take as long as four months.

The process will include public hearings before the Planning
Commission as well as the council, which will provide the public
further opportunity to comment prior to official adoption and implementation.

The council discussed several aspects associated with establishing
dispensary regulations, which were presented as recommendations of a
committee that was formed in January to address the issue. The
committee included the participation of Clearlake Chief of Police
Allan McClain, Councilmember Joyce Overton, who was absent from
Thursday's meeting, and others.

The council was in agreement with the first two recommendations
presented, which suggest that medical marijuana dispensaries be
regulated through the city's zoning ordinance and that a conditional
use permit be required in order to allow neighbors the opportunity
to comment on any proposed dispensary.

Discussion and comments from the public spurred from the committee's
recommendation that regulations allow dispensaries only in the C-4
zone district, which is primarily the Ogulin Canyon Road area; and
that dispensaries be prohibited within 1,500 feet of a school,
church, childcare facility or group home, which Mayor Chuck Leonard
suggested should read "licensed" childcare facility or group home.

While Councilmember Judy Thein was in agreement with the C-4 zoning
suggestion, Mayor Leonard and Councilmember Roy Simons voiced
support for increasing access. Vice Mayor Curt Giambruno also
supported C-4 zoning stating that patients could take a taxi if
they so needed.

"I think that this can be done in an area that is accessible to
these people," Simons said. "I think we need to think of the
compassion with this."

Comments from the public also voiced support for easily accessible
sites. "Having a dispensary close to me in town really means a lot
to me and my family," Rob McGiffin said, adding that medical
marijuana eliminates his need for taking heavy medications and
narcotics. He urged the council to consider patients and
their ability to access the medicine.

Richard Dern offered similar comments. "C-4 is heavy industrial and
storage," he said. "These are patients who deserve the dignity to
(get their medicine) out of a store front."

Liz Byrd, who currently operates a dispensary in Clearlake, also
offered comment. "I'm glad that you are looking at ways to make this
work. But, if you put us in an area that patients can't access, you
are opening up another set of problems," she said. "We need access
to places in Clearlake because there are a lot of disabled (people) here."

Valery Adaes, who said that medical marijuana has been all that has
prevented her blindness due to glaucoma, expressed concerns for
discrimination. "I really resent the systematic demonetization of
medical marijuana patients. Because of these threats on our medicine
you've really increased the fear in our patients," she said. "Are we
being singled out? You can't restrict us. We are citizens and we
have a right as voters of California."

Another recommendation that initiated discussion was the possible
adoption of regulations that would allow medical marijuana to be
grown indoors only. Giambruno supported the suggestion stating that
there are many complaints regarding the odor of marijuana. Citizen
Marvin Stayton urged the council to consider that many medical
marijuana patients cannot afford to set up a $5000 grow room in their homes.

Recommendations also included adopting regulations related to
dispensaries under the Compassionate Use Act (Section 11362.5 of the
Health & Safety Code). This would also entail establishing an annual
fee to pay the cost associated with monitoring dispensary facilities
on a yearly basis to ensure they are complying with regulations.

According to Neiman, he will address the zoning portion of the
regulations while Chief McClain would handle the Health & Safety
Code portion. Thein questioned whether or not it would be wiser to
have the city attorney draft the regulations. Neiman said utilizing
city staff would be more cost efficient and that the city
attorney will review the document prior to its presentation to the
commission, council and public.