Are Marijuana Dispensaries "Stores"?
In tiny Myrtletown, California, the Hummingbird Healing Center is arguing that it doesn't need a conditional use permit to sell weed. The county does not agree.
Humbolt County is seeking a preliminary injunction against the dispensary because it claims it hasn't received a conditional use permit, which the Center argues it doesn't need because the area is zoned for retail. Next Weds. a Superior Court judge will hear oral arguments.
Chris Johnson Hamer of the defense says in the Eureka Times Standard: "There is nothing to lead a person of ordinary intelligence to believe that a medical marijuana dispensary would not be permitted in the (neighborhood commercial) zone," Hamer said, adding that the county code leaves too much room for discrimination. "There's no notice that if you have a store that sells medical marijuana, that's somehow different than a store that sells anything else.""
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California, and Humboldt in
California, and Humboldt in particular have some of the highest concentrations of 'weed' related activity. Even with some of the most permissive laws in the state you can see on this map there are still extraordinarily high rates of arrest up there (it is the northern part of the state, neat the border.)
Given all that, I'm surprised that there is squabbling over a permit. Though, from what I understand, most medical use advocates *want* fairly heavy regulation to help show they are following all the rules and contributing (particularly in the form of taxes).
Cheers,
David