75A - PH - MEDICAL MARIJUANA - PROHIBIT

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The purpose of the moratorium is to allow city staff time to establish zoning regulations pertaining to medical marijuana dispensaries. According the staff report submitted to the council on May 25, "Clearlake currently has no permitted Dispensaries, but the Police Department believes there may be businesses distributing medical marijuana in the City, and that it is likely that persons will seek land use entitlements and permits from the City to distribute medical marijuana." Holistic Solutions, a natural healing center that provides m.edicin.al marijuana, has been operating on Lakeshore Drive in Clearlake for more than a year under City of Clearlake Business License Inc. 4535. Another distributor, Barrett Consulting, which operates Alternative Patient Services out of the Java Express Mall., has been a permitted business in the City of Clearlake for more than four years. In years past, there has not been a particular business license application available in the city that specifically licenses a marijuana dispensary-type business. The city's business application does however, require a description of the type of business for which the license is being sought. Both Holistic Solutions and Barrett Consulting have been. successful in obtaining a business license as well as renewals of those licenses. As with all City of Clearlake business licenses, both will expire on Sept. 30, 2006. °lf something doesn't change before (Sept. 30) I will. be out of business," said James Barrett, Barrett Consulting proprietor who began his business after recognizing a need for local access. He further identified the elderly as being most affected by access barriers, stating that the teenage population basically has unlimited street access to marijuana. "The thing with. the moratorium is that there is going to be a lot of (elderly) patients that can`t get their medicine." Barrett agrees that zoning regulations on medical marijuana dispensaries are needed as does Holistic Solutions co-owner Dave Moses. "Zoning regulations are badly needed," Barrett said, "but, in my opinion, that should have been taken care of in 1997." Moses has extended his assistance to the city staff in establishing regulations on businesses providing medicinal marijuana to patients. Moses, along with his brother Ken Estes, have been involved in the marijuana movement for more than 13 years. Estes, president of Holistic Solutions, began using medical marijuana following a paralyzing motorcycle accident in 1993. "When i was going through my rehab 1 tried marijuana for the first time and it really worked. It did something that the pills weren't doing. It gave me my appetite back and I could sleep," Estes explained from his wheelchair. "The pills were breaking me down and the marijuana was kind of filling me up. Making me eat; giving me a good positive attitude. There are some good characteristics to marijuana that pharmaceuticals long to have." Estes and Moses were instrumental in the establishment of regulations in the San Francisco area where they operate two more dispensaries. An. outline of those regulations has been submitted to city staff. As of Tuesday, June 6, tl~e city has made no attempt to contact either Estes or Moses although they are eager to help put zoning regulations in place. "We want regulation. and control because we believe in that," Moses said.. "We don't think that we should be within 100 feet of a school, or operate all hours of the night, for example, and we would be like to be contributing our fair share to the city's coffers." Although. Moses had requested that the council include in its moratorium authorization for renewal of existing business licenses, his request was denied. However, Mayor Joyce Overton recommended that the item be brought back before the council for a progress update in August. Contact Denise Rockenstein at drockenstein(cr~clearlakeobserver.com. 55 75A-64