County extends ordinance banning pot dispensaries

Like Corning, the Tehama County Board of Supervisors has extended its interim ordinance banning medical marijuana dispensaries for one more year.

Corning's City Council made a similar decision in July.

Supervisor Charles Willard cast the single opposition vote to extend the ordinance, which would have otherwise ended on Oct. 27.

Three residents from the community who have been outspoken in their discord with the county's medical marijuana ordinance were on hand to again voice their displeasure during a public hearing on Tuesday.

Donna Will, who this summer held the World Hemp Expo in the county, told the board she wishes they would reconsider the ban.

She said she is against the proposition legalizing marijuana for recreational use that will be on the November election ballot.

"We need to develop safe access, not legalize it so that our children think it's only about getting high and not a medicine," Will stated.

Ken Prather, operator of the medical marijuana dispensary, Tehama Herbal Collective, in Corning, argued the recent Anaheim court decision clearly explains that cities and counties are to base medical marijuana decisions on state law and the state Attorney General's guidelines, and not on federal law.

"Why haven't you adopted the Attorney General's guidelines?" he asked.

According to Will, the Board of Supervisors is "old school in the way" it thinks and questioned the need to regulate dispensaries.

"Cows are the worst polluters in Tehama County, but they aren't regulated," she said.

Kathy Nelson requested the board extend the ordinance and proposed the county establish a new licensing system for dispensaries and collectives.

"License them the same way liquor stores are licensed. Regulate how many dispensaries there can be and make the fees generate enough money to pay for the law enforcement it will take to oversee them," Nelson said.

She also suggested through strict regulations and licensing the county would be able to conduct background checks on anyone wanting to open a dispensary.

Planning Director George Robson said even if it didn't have an ordinance, the county zoning codes prohibits dispensaries.

"The ordinance is a tool which sets regulations and eliminates arguments about zoning and codes. Well, the is the idea anyway," the Assistant County Council Arthur Wylene explained.

Supervisor George Russell said while he gives a lot of merit to the concept of medical marijuana, he believes it should be dispensed from pharmacies with a doctor's prescription.

He pointed out in the more than 10 years since marijuana was legalized for medicinal use, he never received a complaint from anyone saying they couldn't obtain medical marijuana and questioned the sudden rise in demand since the dispensary issue came to light.

Willard feels the county has had long enough since the ordinance was first adopted in September 2009, to have come to a final decision and didn't want the extension to be for 12 months, but possibly only three months.

According to Wylene, with the extension, the Planning Department can go forward with a series of study sessions in preparation to presenting the board with a number of options and concepts.

He feels the Planning Department should be ready to present the board with a proposition within nine months.