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Nevada City's City Council extended a moratorium Tuesday night on the opening of any medical marijuana dispensaries, but not before upbraiding city staff for a lack of information with which to make their decision.
The council, in the same motion, voted 4-1 to extend the moratorium by an additional 45 days, in hopes of obtaining more information on how the operations work and how other cities have governed their establishment.
Mayor Barbara Coffman was the lone dissenting vote, saying the ordinance shouldn't be considered an “emergency” use and that an ordinance might be able to be crafted in a shorter period of time.
The extension means the ordinance would expire on Aug. 12, when the council would vote on it again.
The initial vote in May to approve the 45-day moratorium was done so the city staff could collect more information on how the shops operated. Businessman Harry Bennett applied for a business license for a shop he hopes to open on Uren Street, and staff was directed to look into the issue.
A staff report noted that the city administration was still researching the issue.
Several council members complained they had precious little information to base their decision on.
Councilwoman Sally Harris said she'd received no information from city staff about their findings, a sentiment shared by fellow Councilman Robert Bergman.
“What we're lacking, is information. If we're looking to decide one way or another, we need to know why or why not,” he said.
City Administrator Gene Albaugh said the city was working on collecting data, and that the timing of the ordinance coincided with crafting the city's budget for the following year.
Coffman and Vice Mayor Reinette Senum questioned whether the opening of a medical marijuana dispensary needed an emergency ordinance, which is often done when there is a threat to public safety. Coffman said the focus should be on a person's medical needs, not on the stigma associated with marijuana.
“There's a business here that's been waiting to open,” Senum said. “I don't see how it's a crisis or threat to our community at all.
“There are ways to do this, to create an ordinance where no emergency exists.”
Senum and others pointed out statutes in the state law that allows such dispensaries, and said the city could include many items in an ordinance that would give the city protections, such as prohibiting the use of smoking the marijuana in public.
Medical marijuana dispensaries are allowed under the provisions of Proposition 215, which was passed by California voters in 1996 and allowed the sale and use of marijuana for medicinal purposes, prescribed under a doctor's care.
The nearest dispensary is in Colfax.
Senum said the city should be sensitive to Bennett's needs as a business owner when crafting the ordinance and show diligence. The council had the option of extending the ordinance for another 10 months.
Bennett said he supported the council's decision to extend the moratorium and will work with city staff, with whom he's met several times.
“I'm satisfied with the result I think that in the end will be a reasonable one for the city of Nevada City,” he said.
To contact Staff Writer David Mirhadi, e-mail dmirhadi@theunion.com or call 477-4239.
The council, in the same motion, voted 4-1 to extend the moratorium by an additional 45 days, in hopes of obtaining more information on how the operations work and how other cities have governed their establishment.
Mayor Barbara Coffman was the lone dissenting vote, saying the ordinance shouldn't be considered an “emergency” use and that an ordinance might be able to be crafted in a shorter period of time.
The extension means the ordinance would expire on Aug. 12, when the council would vote on it again.
The initial vote in May to approve the 45-day moratorium was done so the city staff could collect more information on how the shops operated. Businessman Harry Bennett applied for a business license for a shop he hopes to open on Uren Street, and staff was directed to look into the issue.
A staff report noted that the city administration was still researching the issue.
Several council members complained they had precious little information to base their decision on.
Councilwoman Sally Harris said she'd received no information from city staff about their findings, a sentiment shared by fellow Councilman Robert Bergman.
“What we're lacking, is information. If we're looking to decide one way or another, we need to know why or why not,” he said.
City Administrator Gene Albaugh said the city was working on collecting data, and that the timing of the ordinance coincided with crafting the city's budget for the following year.
Coffman and Vice Mayor Reinette Senum questioned whether the opening of a medical marijuana dispensary needed an emergency ordinance, which is often done when there is a threat to public safety. Coffman said the focus should be on a person's medical needs, not on the stigma associated with marijuana.
“There's a business here that's been waiting to open,” Senum said. “I don't see how it's a crisis or threat to our community at all.
“There are ways to do this, to create an ordinance where no emergency exists.”
Senum and others pointed out statutes in the state law that allows such dispensaries, and said the city could include many items in an ordinance that would give the city protections, such as prohibiting the use of smoking the marijuana in public.
Medical marijuana dispensaries are allowed under the provisions of Proposition 215, which was passed by California voters in 1996 and allowed the sale and use of marijuana for medicinal purposes, prescribed under a doctor's care.
The nearest dispensary is in Colfax.
Senum said the city should be sensitive to Bennett's needs as a business owner when crafting the ordinance and show diligence. The council had the option of extending the ordinance for another 10 months.
Bennett said he supported the council's decision to extend the moratorium and will work with city staff, with whom he's met several times.
“I'm satisfied with the result I think that in the end will be a reasonable one for the city of Nevada City,” he said.
To contact Staff Writer David Mirhadi, e-mail dmirhadi@theunion.com or call 477-4239.
