SUPERVISORS REPEAL SUNSET CLAUSE, ALLOWS FIVE LEGAL MARIJUANA DISPENSARIES IN UNINCORPORATED AREAS TO STAY OPEN, EXPAND WARES

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By Miriam Raftery

Photo: Outlier’s Collective near Gillespie Field is one of five legal dispensaries that will be allowed to expand to include recreational, edible and drinkable cannabis products

October 30, 2021 (San Diego’s East County) – Five medical marijuana dispensaries that were legally licensed to open in San Diego County’s unincorporated areas faced closure after Supervisors in 2017 repealed legalization and allowed existing dispensaries to stay open only until April 2022.  But now the current board of Supervisors has voted to remove the sunset clause and allow the five legal dispensaries to continue operations, as well as expand by up to 10,000 square feet to add recreational cannabis products including edibles and beverages.

The ordinance does not allow any new dispensaries to open, though a broader revamp of county policies is under review that could ultimately legalize additional cannabis-based businesses over the next two years. For now, the ordinance assures that consumers will continue to have access to legal medical marijuana, as well as recreational marijuana use which is legal in California, without having to drive long distances to purchase it.

Supervisors Joel Anderson, Nathan Fletcher, Terra Lawson-Remer and Nora Vargas voted in favor of the change; Supervisor Jim Desmond voted against.

Desmond said he has never been a fan of dispensaries in unincorporated areas, but specifically opposed allowing five-fold expansion to be exempted from environmental review, as the ordinance allows. Calling the measure a “Pandora’s box,” he indicated that such expansion could impact parking, traffic, water use, greenhouse gas emissions and safety of neighbors. He also indicated that allowing such an exemption for the cannabis businesses and not others was unfair.

Supervisor Anderson previously introduced language to add funds for beefed up funding to enforce shutdown of illegal marijuana dispensaries in the county’s unincorporated areas, since the illegal pot shops have been significant sources of serious crimes, unlike the five legal dispensaries.

The second reading solidifies a vote earlier this month to approve the new ordinance, as staff recommended in its letter to Supervisors.   

The decision also removes a restriction that had limited marijuana growers to using only municipal drinking water for irrigation. Under the new rules they can use local groundwater as well. The five legal dispensaries can also sell branded merchandise.

In testimony on October 6, when the first reading was approved, Tony Cio, owner of Releaf Meds in Ramona made this argument in favor. 

“Illegal shops have an unfair advantage,” he told Supervisors. “They pay no taxes and have no regulatory expenses. Illegal shops, I believe, are the cause of many of the problems we see in the county. Our legal facilities offer a safe alternative.”

But critics voiced concerns over allowing sale of products such as cookies, candy or soda that may contain high levels of tetrahydrocannabinol, or THC, the main psychoactive ingredient in cannabis.

“There is clear research connecting high potency THC and addiction and mental health problems,” said K.C. Strang, executive director of the San Marcos Prevention Coalition. “We are concerned about the contradiction that flavored tobacco is harmful — yet flavored marijuana is fine?”

Julian resident Jean Duffy voiced fear of impaired drivers on winding mountain roads, stating, “Putting stoned drivers on the roads will only lead to more accidents and deaths.”

 


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