City Council to again consider medical marijuana dispensary

According to the Nevada City council’s agenda, the councilors will either vote to draft an ordinance to ban dispensaries, vote on a nine-page ordinance that puts numerous restrictions on a dispensary, or vote to continue to study the issue.

The oft-considered medical marijuana dispensary ordinance will be discussed again on Wednesday by the Nevada City council.

  The City Council has voted three times to put a moratorium on allowing medical marijuana dispensaries in Nevada City limits.  At its Aug. 12 meeting, the council voted 4-1 to extend the moratorium for a year.

  The item, however, will be discussed again on Wednesday, Sept. 9, at City Hall chambers on Broad Street. The regular meeting starts at 7 p.m. and will be carried live on NCTV-G, which is on Comcast cable. It will also be streamed live on nevadacountytv.org.

  According to the council’s agenda, the councilors will either vote to draft an ordinance to ban dispensaries, vote on a nine-page ordinance that puts numerous restrictions on a dispensary, or vote to continue to study the issue.

   The city began considering whether to allow a dispensary after Nevada City resident Harry Bennett applied for a business license. Since then, there’s been at least one other business-license application for a medical marijuana dispensary, which have been allowed in California since 1996 when voters approved Prop. 215.

  The ordinance the city is considering would grand a conditional-use permit to allow one medical marijuana dispensary in the community with the top possible location being in the Gold Flat Industrial Park.

  Numerous residents have testified that the oppose having a dispensary in Nevada City. In addition, approximately 200 people have signed petitions opposing the dispensary.

  The proposed ordinance would impose a heavy regulatory burden on a dispensary. For example, an entire section is devoted to insuring the dispensary does not make “excessive profits.”

    Included in this section is a clause that gives the city manager access to all financial records within 48 hours of a request. The proposal goes on to say if the financial statements are “insufficient,” the conditional-use permit can be suspended or revoked.

  Other items in the proposed ordinance include:

   The police chief will conduct a background check of the applicant and all employees;

   The dispensary will be required to make quarterly financial reports to the city;

   If the city determines that an “unallocated profit” has been earned, it can be grounds for suspension or revocation of the permit.

   The dispensary may not possess more than eight ounces of marijuana or more than six mature and 12 immature plants for each member of the cooperative;

  The city may impose a regulatory fee in addition to fees for the application, business license, fingerprinting, photographing and background checks and the fees must be paid in advance;

  The police chief will recommend to the Planning Commission whether a permit should be granted or denied;

  The City Council reserves the right to deny any application if certain requirements are not met;

  The ordinance expires on March 31, 2011, unless the council extends the date.