Arcata Council Passes Ban On New Dispensaries

Confusion took center stage Wednesday night at the Arcata City Council meeting with the council ultimately voting to move forward with a medical marijuana dispensary moratorium that would not affect any existing dispensaries.

The meeting ended with new clarity over the city’s proposed temporary hold on processing applications for new medical marijuana cooperatives and collectives, not personal use grows. Staff will return to the council with a draft moratorium, Donna Tam reports in the Eureka Times-Standard.


Community Development Director Larry Oetker said the code would prevent the two dispensaries currently awaiting their application approval from becoming nonconforming users — which means they wouldn’t need a permit to operate — while the city examines the legal landscape. The ordinance is similar to the one enacted about three years ago to allow the city time to craft Arcata’s current land use law for medical marijuana. The city gave dispensaries a year to come into compliance with new regulations.

“It’s the city that’s failing, at this point, to process the applications,” Oetker said. “The applicants have been diligently submitting materials. At this point, everything is on hold.”
The council passed the motion 3 to 1 with Councilman Shane Brinton dissenting.

“I think this makes more sense than the decision we made in October,” Brinton said via teleconference from Santa Fe County, N.M. “I voted against it because we haven’t been served by the federal government, so I’m voting against it again, but I understand the position of the other city council members, and we’ll have to see what shakes out in the courts.”

At an Oct. 5 meeting, the Arcata council voted to withhold final approval for dispensaries, collectives and industrial-size grow operations that were in the permit application process due to legal uncertainty.
City Attorney Nancy Diamond said Wednesday that the conclusion of a specific case — Pack vs. Superior Court — would help provide clarity. In Pack, the court ruled federal law, which deems marijuana an illegal substance, pre-empted the city of Long Beach’s right to permit dispensaries.

Some medical marijuana advocates said they were confused by the staff report’s language, which indicated the moratorium would apply to “medical marijuana collectives and cooperative uses within the city.” Several people spoke about their medical need for cannabis and having safe access to it.

The confusion, coupled with the recent closure of one dispensary due to threats from the federal government prompted some residents to believe that the city was shutting down dispensaries.
“We didn’t close down the dispensary,” Councilwoman Susan Ornelas said to clarify the matter. “We’re not talking about closing down dispensaries.”

U.S. attorneys in California caused a stir last year when they sent stern letters to cities across the state warning that elected and public officials could face legal action over medical marijuana ordinances. Letters were also sent to dispensary landlords.

This week Humboldt Medical Supply in Arcata closed its doors after its landlord received a similar letter. Another dispensary, the Sai Center, also received a letter, according to owner Stephen Gasparas, who spoke before the council.