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Advocates for a medical marijuana cooperative in Yuba County are doing a slow burn these days that has nothing to do with cannabis.
Steve King and his son, Chris, are instead smoldering over what they say are ongoing roadblocks from county officials in opening a site for a cooperative.
Because the county doesn't have specified zoning for cooperatives — medicinal marijuana or otherwise — the Kings' operation can't be permitted.
"We're just trying everything we can," said Steve King, an Olivehurst resident who said he's been petitioning the county over the issue since 1997, the year after California voters gave the OK for medical marijuana by passing Proposition 215. "It's like trying to get an answer from a brick wall."
When the Kings approached Yuba County supervisors earlier this week about getting a zoning change, they got little help. Supervisors and County Counsel Angil Morris-Jones said it was an issue for the Planning Department to address.
"The board can't be petitioned for a temporary permit because it's a land-use issue," Morris-Jones said at Tuesday's meeting.
What compelled a visit to the board, Steve King said, was when he opened a cooperative outlet — without a permit — on Oct. 14 at 1468 North Beale Road.
Within days, King said, Sheriff Steve Durfor and District Attorney Pat McGrath warned him he had to close, and said he faced possible arrest. In 2002, King was arrested for possession of medical mar juana in Sutter County, but a judge later dismissed the case with King citing Proposition 215.
On Oct. 22, the county formally closed the cooperative, citing the lack of an occupancy permit.
Ed Palmeri, the county's assistant planning director, said no zoning exists for cooperatives, so no permit can be issued for a cooperative. Changing the zoning, he said, would have to be approved by supervisors.
But Supervisor Andy Vasquez, whose district includes the would-be site of the Kings' cooperative, said he's not eager to do so.
"It's a land-use option, and we're staying out of that one," he said, adding he wouldn't offer an opinion on whether he'd welcome such a cooperative in his district if it could be permitted. "It's a bridge I'm not ready to cross."
While Supervisor Mary Jane Griego said at Tuesday's meeting she could see a need for further discussion on the issue, she said Thursday she's inclined to defer to law enforcement, which hasn't supported the establishment of medical marijuana cooperatives or dispensaries in the county.
"I'm trusting in their expertise," she said, adding she both sympathizes with medical marijuana users who need the drug for legitimate reasons and recognizes harm done to some neighborhoods when a medical marijuana user grows plants.
King pointed out current zoning affects not only his store, but other potential cooperatives such as one between farmers or offering health food items.
He added he wasn't aware of any such operations trying to establish themselves in the county.
McGrath said he didn't feel it was his place to comment on the county's zoning problems, but added he'd have problems with what the Kings are proposing for a different reason.
Court decisions since Proposition 215 passed, he said, have made clear cooperatives are only cleared to cultivate marijuana for medical purposes, but not to sell it.
"The courts have narrowed the ability of people to hide behind Proposition 215 for recreational dope smoking," he said.
He also pointed out cities like San Francisco and Los Angeles that allowed several dispensaries to open, only to have leaders reconsider because of associated problems.
Those cities are sometimes opting to allow medical marijuana outlets only with changes in zoning — the same issue the Kings said keeps them from opening in Yuba County, McGrath said.
While stymied for now, King said, he's not giving up on bringing medical marijuana into a public setting in the Mid-Valley.
"We are incorporated as a not-for-profit," King said, pointing out how the state and the federal government — more recently with President Barack Obama's "hands-off" edict on legal medical marijuana —have given him the go-ahead.
"I've gotten to the point where I only need the building occupancy permit," he said. "They could zone it for cooperatives if they wanted to."
Contact Marysville Appeal-Democrat reporter Ben van der Meer at 749-4709 or bvandermeer@appealdemocrat.com.
Steve King and his son, Chris, are instead smoldering over what they say are ongoing roadblocks from county officials in opening a site for a cooperative.
Because the county doesn't have specified zoning for cooperatives — medicinal marijuana or otherwise — the Kings' operation can't be permitted.
"We're just trying everything we can," said Steve King, an Olivehurst resident who said he's been petitioning the county over the issue since 1997, the year after California voters gave the OK for medical marijuana by passing Proposition 215. "It's like trying to get an answer from a brick wall."
When the Kings approached Yuba County supervisors earlier this week about getting a zoning change, they got little help. Supervisors and County Counsel Angil Morris-Jones said it was an issue for the Planning Department to address.
"The board can't be petitioned for a temporary permit because it's a land-use issue," Morris-Jones said at Tuesday's meeting.
What compelled a visit to the board, Steve King said, was when he opened a cooperative outlet — without a permit — on Oct. 14 at 1468 North Beale Road.
Within days, King said, Sheriff Steve Durfor and District Attorney Pat McGrath warned him he had to close, and said he faced possible arrest. In 2002, King was arrested for possession of medical mar juana in Sutter County, but a judge later dismissed the case with King citing Proposition 215.
On Oct. 22, the county formally closed the cooperative, citing the lack of an occupancy permit.
Ed Palmeri, the county's assistant planning director, said no zoning exists for cooperatives, so no permit can be issued for a cooperative. Changing the zoning, he said, would have to be approved by supervisors.
But Supervisor Andy Vasquez, whose district includes the would-be site of the Kings' cooperative, said he's not eager to do so.
"It's a land-use option, and we're staying out of that one," he said, adding he wouldn't offer an opinion on whether he'd welcome such a cooperative in his district if it could be permitted. "It's a bridge I'm not ready to cross."
While Supervisor Mary Jane Griego said at Tuesday's meeting she could see a need for further discussion on the issue, she said Thursday she's inclined to defer to law enforcement, which hasn't supported the establishment of medical marijuana cooperatives or dispensaries in the county.
"I'm trusting in their expertise," she said, adding she both sympathizes with medical marijuana users who need the drug for legitimate reasons and recognizes harm done to some neighborhoods when a medical marijuana user grows plants.
King pointed out current zoning affects not only his store, but other potential cooperatives such as one between farmers or offering health food items.
He added he wasn't aware of any such operations trying to establish themselves in the county.
McGrath said he didn't feel it was his place to comment on the county's zoning problems, but added he'd have problems with what the Kings are proposing for a different reason.
Court decisions since Proposition 215 passed, he said, have made clear cooperatives are only cleared to cultivate marijuana for medical purposes, but not to sell it.
"The courts have narrowed the ability of people to hide behind Proposition 215 for recreational dope smoking," he said.
He also pointed out cities like San Francisco and Los Angeles that allowed several dispensaries to open, only to have leaders reconsider because of associated problems.
Those cities are sometimes opting to allow medical marijuana outlets only with changes in zoning — the same issue the Kings said keeps them from opening in Yuba County, McGrath said.
While stymied for now, King said, he's not giving up on bringing medical marijuana into a public setting in the Mid-Valley.
"We are incorporated as a not-for-profit," King said, pointing out how the state and the federal government — more recently with President Barack Obama's "hands-off" edict on legal medical marijuana —have given him the go-ahead.
"I've gotten to the point where I only need the building occupancy permit," he said. "They could zone it for cooperatives if they wanted to."
Contact Marysville Appeal-Democrat reporter Ben van der Meer at 749-4709 or bvandermeer@appealdemocrat.com.
