California, Laguna Beach

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Monday, March 23, 2009

Will Laguna Beach force medical marijuana dispensary to close?

<span class=postbold>City staff say they need more time to draft ordinances to regulate the Laguna Beach Medical dispensary slated for 777 South Coast Highway, but it's owners say they are running out of cash.</span>

By CHRIS CAESAR
The Orange County Register


LAGUNA BEACH – A proposed 10-month extension of a 45-day moratorium on medical marijuana dispensaries in the city may ultimately force a once soon-to-open facility to close for good, a clinic spokesman said Monday.

The City Council passed the moratorium last month to give staff time to draft local ordinances to regulate the facility, though an agenda bill said staff found the provided 45 days offered only a "limited timeframe" to draft proposals.

"This is pretty typical," City Manager Ken Frank said. "To think we could get it done in 45 days is really impractical."

But Laguna Beach Medical spokesman Sheridan Linehan said he was concerned that the city may be trying to underhandedly put the kibosh on the facility, adding that his offers to help and work with the city were rebuffed.

"I'm disappointed," he said, adding he was "a little perturbed" he found out about the extension from a reporter, and not city staff. "We've probably spent over $15,000 … not to mention the amount of time I've spent on this."

Linehan added that he feared he'd no longer be able to afford the lease on his 777 S. Coast Highway property without any revenue, and that an extension may force him to open in another city.

"I know they have concerns and want to take it slow and do it the right way," he said. "So, I'm not sure (if they are trying to close the facility), but I hope it's not the case."

Councilwoman Verna Rollinger told the council the city should move forward with "all deliberate speed" during its initial vote on the moratorium, and said that, while unable to speak on behalf of other councilmember's, she had no intention of shutting down the clinic for good.

"I have no indication from staff or anywhere else that anyone is … trying to put anyone out of business," she said. "I want us to be fair to a person trying to open a legal business."

Orange recently prohibited its dispensaries by declaring a moratorium, while the city of Huntington Beach, Laguna Hills, Mission Viejo, Fullerton and Santa Ana have also enacted some restrictions.

The Laguna Beach City Council will meet in its chambers at 6 p.m. Tuesday.

<small>Contact the writer: ccaesar@ocregister.com or 949-454-7309</small>

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Wednesday, March 25, 2009

Laguna Beach medical marijuana dispensary gets a break

By CHRIS CAESAR
The Orange County Register

LAGUNA BEACH – Laguna Beach Medical representative Sheridan Linehan said he "felt a lot better" about the prospects of opening a medical marijuana dispensary in the city, after the council opted to extend its moratorium on such facilities by only six months – roughly half of the length proposed by staff.

"Hearing the council tonight, it sounds like they are on my side," he said. "I really appreciate the council taking into consideration the time and money (I've spent), as well as what I'm trying to accomplish here."

The city originally enacted a 45-day moratorium on such facilities after Linehan applied for a conditional use permit last February, with the council saying staff would need the time to draft proposals for local ordinances governing its operation, such as its distance from any nearby schools and .

Citing the moratorium's initially "limited timeframe," planners then requested the city extend the moratorium by 10-and-a-half months at Tuesday night's session.

"This is pretty typical," city manager Ken Frank said prior to the meeting. "To think we could get it done in 45 days is really impractical."

Linehan had previously expressed fears that the moratorium – which could be extended again by another year – may be an underhanded attempt to prevent the dispensary from opening at all, saying his facility complied with all state laws established under Prop 215 and SB 420.

But council members on Tuesday night and at least one resident balked at the initially proposed length of the moratorium, noting the use of medical marijuana had already been approved by California voters and that such a moratorium could prevent the facility from opening altogether.

"I know that marijuana eases pain for a lot of terminally ill patients," resident Bonnie Hano told the council. "It doesn't make sense to me – it's legal, (Californians) voted for it, we have a president that says the attorney general won't be trying to close down the clinics. Why does this have to be 10-months-and-a-half late?"

Council members agreed, appearing eager to dispel the perception the city aimed to permanently close the facility. Community Development Director John Montgomery told the council that his staff should have a draft of a proposed ordinance "well before the end of summer."

Councilmember Verna Rollinger suggested the city lower the moratorium to a maximum period of six months, a move unanimously endorsed by her colleagues.

Outside of the meeting, Linehan said he would probably spend about $2,000 a month to keep the property at 777 S. Coast Highway, noting it was one of the few available properties he could find in the city that would comply with state regulations.

"Six months is still better than ten," he said.

The opening of Laguna Beach Medical wouldn't be the first dispensary in the city – two others have operated since California voters approved medical marijuana in 1996.

One closed voluntarily, while another was raided and shut down by DEA agents last October.

Contact the writer: ccaesar@ocregister.com or 949-454-7309