65A - RPT - REGARDING MEDICAL MARIJUANA INITIATIVE

Home Browse Search

illegally established in Santa Ana are located within a range of zones and buildings, including small-scale industrial parks, office buildings and commercial corridors. Some facility operators prefer a more visible commercial location, while others prefer a more discreet location. As the initiative is written, collectives or cooperatives could locate in a wide variety of places including areas immediately adjacent to sensitive uses, such as residential neighborhoods. In cities where medical marijuana dispensaries are allowed, they are often restricted to a limited number of zones to reduce the likelihood of conflicts or incompatibility with adjacent uses. They often also establish separation requirements from locations such as parks, residential uses, halfway houses, other dispensaries, etc. Operational Standards The initiative contains a list of operational standards, but they are not sufficient to mitigate impacts to adjacent uses. For example; there is no prohibition on the consumption of marijuana within the facility, there are no requirements for separate ventilation systems, minors are allowed in the facility if they are accompanied by a parent or guardian, there is no requirement for security guards, there is no limitation on hours of operation, no limit on the number of patients, no differentiation between facilities that grow marijuana on site and those that do not, no requirement that the production of edibles be regulated by the County Health agency, no restrictions on the sale of ancillary products, no restrictions on special promotions and events, to name a few. Cities that allow dispensaries have generally adopted strict operational standards to address these components of the business operation that can cause impacts to surrounding uses and/or cause public safety concerns. Notice of Completed Registration Process The initiative details the process by which applicants would be granted permission to operate as a collective or cooperative and establishes a strictly ministerial process for granting this permission. Rather than a permit, the applicant is required to register with the City and be issued a Notice of Completed Registration. The applications would be processed by the Executive Director of the Planning and Building Agency. The initiative prohibits the City from requiring any sort of discretionary permit, such as a Conditional Use Permit. There is no requirement for any sort of public notification. The initiative lists the pieces of information that would be required of the applicant, which are very basic. The only information that would begin to address concerns the City might have about operations is a scant "one-page description of the collective/cooperative's nature and its plans for security and non-diversion of medical cannabis." There is no ability for the City to request information beyond that which is listed in the initiative. Cities that allow medical marijuana dispensaries typically require more information than what would be allowed under the initiative 12 65A-18