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Council Will Finalize Medical Marijuana Ordinance Tonight

Do you think the regulations will be good for Fairfax?

Tonight, the Fairfax Town Council will have a second reading of an ordinance that was a long time coming regulating medical marijuana dispensaries in town.

The ordinance, which passed unanimously on the first reading in May, will limit the number of dispensaries to three (two additional dispensaries along with the only one currently in town – the ).

Additionally, the ordinance regulates where the dispensaries can be located. Town staff wanted to limit the possible locations to the downtown commercial area, but state law AB 2650 forbids dispensaries within 600 feet of a school, limiting the number of parcels where a possible facility could be located. The Marin Alliance will be grandfathered in. The area was then expanded out from the downtown central commercial zone to include along Sir Francis Drake Boulevard and Bolinas Avenue.

The final ordinance had very few changes from .

The full ordinance, with an extensive list of regulations, can be read here

Because potential dispensaries are expected to be lined up, waiting to fill the two open spots when the temporary moratorium on new facilities is lifted and the ordinance goes into effect on July 1, the town has also developed a list of criteria for choosing from among the applicants. At its May meeting, the council added to its list of criteria a preference for local, community owners and sustainably-grown marijuana.

Potential dispensaries will be invited to submit applications once the ordinance goes into effect, but Town Manager Michael Rock said a number of interested parties have been closely following the proceedings.

Ironically, .

Fairfax has always been at the forefront of medical marijuana licensing, giving one of the first fully-licensed permits in the state.

“Look at how far we’ve come since all the doctors preferred Camels,” joked Sierra Snyder at the April meeting.

Brad Clark June 2, 2011 at 11:59 am
Isn't one "medical" club enough for Fairfax, a town of 7,500. I know the town needs income bad but at what cost? Fairfax is becoming less of a family community and more of a "medical" party destination. We should change our town's name to Amsterfax - "the hub for your medical pot and nightclub needs". I will be voting against Mayor Bragman and town council members in the next election who supported this ordinance. Mayor Bragman and some of the other council members need to update the general plan to reflect their new vision of Fairfax -- or AmsterFax. Am I over-reacting here?
Kelly Dunleavy O'Mara June 2, 2011 at 03:45 pm
Well, the original idea was actually because there were no rules regulating medical marijuana facilities, so they felt an ordinance saying where and how many and what would be better than a free for all. And, there was a strong belief among the councilmembers that competition is good and that with just the one club right now, if no others were allowed, it would be a monopoly.
Bragman actually recused himself because of his past work with the Marin Alliance. And all the other councilmembers supported it.
Brad Clark June 3, 2011 at 10:36 am
Interesting. Is Larry Bragman an investor in the Marin Alliance? Isn't the Marin Alliance competing with the 1oo's of other pot clubs in the bay area...non Fairfax residents can buy at Marin Alliance, and Fairfax residents can buy at non Fairfax clubs so it doesn't seem like a monopoly to me. It's just a weak attempt at justifying the opening of new clubs to generate more income for the city who can't manage its books. I doubt one club could survive on purchases from only Fairfax residents. Do any of the other council members plan on investing in the new clubs. Again, its very apparent the town council's goal is to generate income for the city by turning Fairfax into a party destination. In my view its really sad.
Brad Clark June 3, 2011 at 11:09 am
A few more thoughts Kelly. Didn't the IRS hit the Marin Alliance with backtaxes? I bet that is eating into the town's tax revenue. The owner of the Marin Alliance might be planning on bankruptcy and wants to open a new club. I also remember reading the Marin Alliance wanted to update their club to compete with other newer clubs. I have a feeling the competition from the 100's of new clubs have been eating into her clientel. Marin Alliance was a monopoly until the last few years when a tidal wave of clubs opened. Having new clubs in Fairfax may help her business as well, by making Fairfax a destination for purchasing "medicine." No way there are enough glucoma patients who live in Fairfax to support three clubs. What a joke.
Kelly Dunleavy O'Mara June 3, 2011 at 06:57 pm
To the best of my knowledge, no, I don't think any of the councilmembers are investors in any medical marijuana facilities, but you could ask them.
Yes, the Alliance is going to court against the IRS over issues relating to business write-offs. I don't think they've actually paid any of taxes the IRS says they owe, yet, since they're fighting the issue in court.
Larry Bragman June 3, 2011 at 08:01 pm
Hi Folks: For the past ten years, I have provided pro bono (no fee) legal assistance to the Marin Alliance and to many patients who were wrongfully accused of violating the law. The Marin Alliance is a non-profit organization and I have no business interests in it or any other dispensary. As Kelly said, I recused myself from consideration of the recently approved ordinance to avoid the appearance of favoritism or impropriety. Like many other medicinal marijuana dispensaries, the Marin Alliance has been targeted by unfair tax enforcement efforts by the Obama Administration which previously committed to respecting state medical marijuana laws. In spite of that issue, the Marin Alliance has continued to pay state and local sales taxes. It is significant to note that there are stringent health and safety rules for the new dispensaries as there have been for the Marin Alliance for many years.
Larry Bragman
Brad Clark June 4, 2011 at 11:23 am
Mayor Bragman, thank you for your response and clarifying your relationship with the Marin Alliance. Working for no compensation over 10 years must mean medicinal marijuana is a strong passion of yours. You must have a close relationship with the medical marijuana community as well. I have to admit I disagree with you and the other council members who support the new ordinance to allow two additional pot clubs to open in Fairfax. Three pot clubs for a town of 7,500 people is unneccesary and simply designed to raise more funds for the town by bringing in out of town customers. The reasoning of eliminating a monopoly is laughable when you consider there are 100's of clubs in the Bay Area with some as close as Kentfield. I was also disappointed in your perceived support of Phil Lesh's Terrepin Landing Night Club project per your quote in the 3/31/11 Marin IJ article where you said the Night Club would an an asset to the Fairfax. As Mayor it is irresponsible to support projects before a use permit is filed and the community has had a chance to comment. I feel some council members are working to turn Fairfax into a "party destination" with 2 head shops, 3 pot clubs and 4+ night clubs, one of which could be of a grand scale. Respectfully, I will vote against you and the other town members who support these projects, and will encourage others to do the same. We need more people like Pam Hartwell-Herrero in goverment who want to cultivate a family oriented community.
Larry Bragman June 9, 2011 at 05:10 pm
Brad:
My comment in the IJ specifically left approval of the Terrapin project up to the Use Permit process. Any application will go through a full public hearing process. I neither support nor oppose it at this point and it is inaccurate and unfair to represent otherwise. My pro bono work for the Marin Alliance has always been based upon my support for the privacy rights of patients who benefit from marijuana; not as a proponent of marijuana, medical or otherwise. That our drug laws are fundamentally flawed was recently endorsed by the Global Drug Policy Commission. ( http://www.globalcommissionondrugs.org/Report ) I should also state that my pro bono work hasn't been limited to this area. It is a privilege and duty of attorneys to provide such service to the community and my pro bono cases have also included representation of homeowners in foreclosure matters, landlord-tenant cases, criminal cases and consumer cases of all stripes. I frankly agree with your point that the Marin Alliance is not a monopoly and said so in my comments from the floor. I also urged caution to the council in drafting the ordinance. That being said, the dispensary ordinance, which for the first time limits then number and size of such businesses, was approved by a unanimous council other than me. Whether you support me or not, I believe the public deserves a discussion of the issues based upon the facts and the record which are both noticeably absent from your posts. Larry Bragman
Life in the Bubble June 9, 2011 at 11:44 pm
I'm not sure I have an opinion on the possible addition of two additional pot clubs in Fairfax. I was more concerned that a pot club moratorium would create a de facto monopoly.
Interestingly, while traveling through Colorado last summer (which also has legal "medical" marijuana), I was amazed at the number of pot clubs in small towns. Makes Fairfax look like a prudish place! One last comment. Let's not kid ourselves that the legalization of "Medical" Marijuana pretty much made pot legal in California. I fully support medical marijuana. However, the pot heads, recreational users, and those who stand to profit have made a mockery of "medical" marijuana. There are dozens of doctors advertising for for cheap prescription cards. SF Weekly and other weeklies have dozens of ads for cheap pot. I have little doubt that I could easily get a "medical" marijuana card, even though I'm in good health (for migraines, "chronic pain").
keo June 10, 2011 at 09:58 am
Brad- I said it once and I'll say it again, I think you are much better suited for San Anselmo or Mill Valley. Again you should have done your research before you moved to town, Fairfax has ALWAYS been the "party" destination of Marin. All the businesses you mention, the head shops, bars/clubs have ALL been here long before you moved in 11 years ago, again I apologize if you were misled by the Mayberry look of Fairfax but maybe someone should of informed you it's Mayberry on Acid. I find it interesting that YOU think YOU can change an element that as ALWAYS existed in this town and that many people in fact like, which is why they live in this town. Just so you know you can have a family orientated "party" town, the two don't have to be mutually exclusive....in fact this is what Fairfax has ALWAYS been, and I think we have cultivated that atmosphere quite well. Also, politicians are supposed to have opinions, that is why they are voted by people into office. Bragman stating that Terrapin would be an asset is simply stating the obvious, and from what I gather most of the other business owners and many folks in town completely agree !
Brad Clark June 10, 2011 at 01:12 pm
Thanks for the response Keo. I think it always good to have a counter point. Again, the only thing that is constant is change. Fairfax was far different in the 40's and 50's than it was in the 60's and 70's and as it is today. I think its a good thing to voice one's opinion and work towards change. Apathy is not a good quality. I don't think Fairfax was always a "party" town, and I think its important to ensure the future doesn't turn Fairfax into a pot and nightclub mecca. I like to think of Fairax as a small forward thinking family oriented town, and I will continue to voice my opinion in hopes that it remains so. I disagree with you and Mayor Bragman that Terrapin Landing will be an asset, and there are many others that agree with me. I still hold the opinion that it was irresponsible of Mayor Bragman to make that statement before a use permit was filed and the community had an understanding of the project. I perceive his statement as an endorsment. The town can't manage its books, just lost another finance manager and is in the hole $350k. It's apparent to me the Mayor and town council are trying to pave the way for new pot clubs to open as well as a night club (which will negatively impact the community), to help make up the deficit. I know you don't agree with me, so we can agree to disagree. And no way am I planning on moving. I love the town of Fairfax and want to continue to raise my family here. I just hope it remains a great place to live. Cheers!
Larry Bragman June 10, 2011 at 05:36 pm
Brad: The current budget of the Town of Fairfax is not in the hole $350,000. We are projecting that the combination of declining property and sales tax revenues with rising employee benefits costs will result in a $350,000 shortfall next year unless we take action to address the situation. And Fairfax is addressing the situation in various ways. We are currently in the process of negotiating with all employee bargaining units about compensation and benefits. We have also been examining savings through interdepartmental consolidation and efficiencies. Last but not least, the Town Council is considering placing a local sales tax measure on the November ballot to keep our ship afloat during these extraordinary times. Fairfax has always enjoyed a robust political culture that embraces change while respecting differences of opinion. I'm looking forward to discussing ways to meet the challenges that lay ahead in the upcoming election campaign. In the meantime, I hope we can put our differences aside and enjoy a good Fairfax Festival this weekend. Larry Bragman
keo June 10, 2011 at 08:26 pm
Brad- You miss my point. My point is that, this is what Fairfax is and was before you were here. All the clubs you mention, the two head shops and at least the Marin Alliance have all been in town BEFORE you arrived. I am not saying this to try and cling to some nostalgic past that I don't want to change or because I think Fairfax should be a "party" town.....I say it because it is FACT. Fairfax is not TURNING into anything, this is what Fairfax is and was BEFORE you even lived here. Fairfax isn't some paint color you can just change because you decided you didn't like it after you moved in. It's the same concept of marrying someone who smokes and then trying to get them to stop smoking even though you knew that this was part of them in the first place. And here is but one link to Fairfax history re: it's LONG held tradition of being a place that people , INCLUDING families could go to have a good time. http://sananselmofairfax.patch.com/articles/san-anselmo-fairfax-patch-answers-why-are-there-so-many-more-bars-in-fairfax-than-san-anselmo
To me the council coming up with and allowing ideas/businesses to come into town would not be Apathy but just the opposite. Apathy would be not allowing businesses into town that could boost our local economy because YOU don't like the way it might affect YOU ! If someone could PROVE to u that this would be good for the community and all the biz in town, would you be okay with it then ? Somehow I think not.
Brad Clark June 11, 2011 at 01:38 pm
Thanks again for your posts Mayor Bragman. I think its great the Patch can facilitate these types of communication. I appreciate your service to the town and hope you enjoy the Festival this weekend. I am looking excited to using some Fairbux at the Festival. Keo I know your a big music fan, I hope you enjoy the bands the festival as well.
Darren Foti June 12, 2011 at 01:41 pm
Ok I Have some questions and comments.
The Marin Alliance may at one time been a positive entity in Fairfax. I had an unpleasant experience with this club and its staff and owner. The owner of this club has publicly has lied about my character, sent someone to intimidate me at my place of business, divulged medical information about me. Instead of dealing with a problem they rather spread lies and misinformation to keep the marin patients in the cash cow status. I was a member of the MArin alliance for nearly 2 years. HAVE ANY OF YOU EVEN STEPPED INTO THIS CLUB? or any of these clubs in Marin? There HAS BEEN like it or not, a monopoly here in FAirfax loosely supported by prior fairfax administrations... So to say...oh gee there is monopoly, is when Marin alliance has been fighting so hard to keep out any other club from coming into Marin... I know other club owners that had problems dealing with the alliance. I have sat for 3 and a half hours at a fairfax town meeting to get my 3 minutes to speak to the council to express my feelings about this club. All the while Lynnette is yelling obscenities and saying how crazy I am. THe town council was complaining on how much time they spent already on this issue (20 hours total) and should wait till that prop 13 to pass so its decided for us. It was lazy then and it is inexcusable now. This is serious, peoples lives have been affected by the malaise of the council and the sheer greed of power and money of the alliance.

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