Politics & Government

Moratorium Passed on New Medical Marijuana Facilities

Fairfax approved a temporary moratorium on new facilities until after the November election.

Last night, the Fairfax Town Council heard on second reading and voted to approve an ordinance that would place a temporary moratorium on new medical marijuana facility applications in town.

The council passed the ordinance on its first reading at the Sept. 1 meeting in a 4-1 vote, with council member Pam Hartwell-Herrero voting against it. At last night's meeting, the ordinance passed in a 2-1 vote, with Hartwell-Herrero voting against, council member John Reed abstaining, and council member Larry Bragman recusing himself because of his pro-bono work for the Marin Alliance for Medical Marijuana in Fairfax.

The town does already have a regulated and legal medical marijuana facility -- the Marin Alliance for Medical Marijuana -- but per the approved ordinance will not allow any permits to be submitted for new facilities for a temporary period. Because the ordinance makes a change in zoning without going through the Planning Commission, the moratorium will be enacted for a 45-day period at first. In November, the council can reconsider the issue and vote to extend the moratorium period.

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"I think the idea was get us past the election with a little bit beyond that," said council member David Weinsoff.

When the issue was first brought to the council by Mayor Lew Tremaine it was hotly debated. Tremaine said he felt that the town needed to hold off on any new facilities until after voters vote on Proposition 19, which would legalize marijuana use for anyone over 21. If Prop. 19 passes, then many towns will have to grapple with regulations surrounding the sale of marijuana.

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In August, the Fairfax Planning Commission considered two applications for new medical marijuana facilities on the west end of town. Both facilities were denied because of location and parking issues, but it raised a number of concerns over the need for clearer and more adequate regulations surrounding medical marijuana facilities in town.

"This wasn't something I woke up with at 3 a.m. one morning," said Tremaine, pointing out that the process to consider the two new applications and the process to amend the current facility's permit earlier this year were both long and time-consuming for staff and planning commissioners.

The proposed moratorium was intended to give staff time to develop new guidelines and consider how the town wants to deal with Prop. 19 if it passes.

"I think that's a good intention," said Hartwell-Herrero, but she felt that these things could be considered while still allowing those businesses to come into town. "I continue to not entirely understand how we have a business existing in town under certain parameters and not allow another business to apply under those existing parameters."

No new facilities submitted applications between the initial reading of the ordinance on Sept. 1 and last night. The ordinance will take effect in 30 days, but any applications that are made in that time period will likely not be heard by the Planning Commission until after the ordinance takes effect, said town attorney Jim Karpiak.


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