Politics & Government

Appeal for Medical Marijuana Dispensary Denied by Council

Resident had hoped to open the Healing Clinic Cooperative in Scotts Valley.

A Scotts Valley resident’s hope to open a medical marijuana dispensary in the city was put to an end at Wednesday night’s City Council meeting.

Scott Gates went before the council to appeal a decision by Scotts Valley City Manager Steve Ando to deny his business application for the Healing Clinic Cooperative, a nonprofit dispensary that would also provide hypnotherapy, acupressure, acupuncture and counseling services to members.

The application was denied, according to a staff report, because it is in violation of a city municipal code that states that a use that violates state or federal law is not permitted in the city. The application was also in violation of a city ordinance that places a moratorium on medical marijuana dispensaries in the city through Feb. 16, 2012.

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Citing that his business could be a positive charitable engine for Scotts Valley, Gates asked that the council reconsider his application and proposed that a pilot program be set up.

“This service is needed for the many Scotts Valley residents that suffer from a multitude of problems that can be alleviated through the use of medical cannabis,” Gates said. “A pilot program could come under review every six months or a year until we vote on regulating the service. Additionally, we could set up a community task force to monitor the service.”

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Gates first appeared before council members on when they voted to prohibit dispensaries within city limits. That unanimous decision came nine months after the council originally adopted a moratorium on medical marijuana dispensaries in the city, in part because of Gates’ interest in opening his business.

At that time, council members cited a number of concerns with having a medical marijuana dispensary in the city, including public safety, people abusing the service and how to best regulate the business.

At Wednesday night’s meeting, Gates addressed some of the previous concerns in hopes of changing the council’s stance on the issue.

“I know that there is concern about the challenges of monitoring the service, but the City Council is supposed to work through these challenges to provide a legal service such as this that can help its citizens,” Gates said.

As far as the abuse issue, Gates said that he doesn’t “believe that some people abusing the substance is a good reason to stop others that can benefit from having access.”

Gates added that he has talked to a number of people in the city and has not run into too much opposition to having a medical marijuana dispensary in Scotts Valley.

“Scotts Valley citizens may be a bit more conservative, but this city is trending more toward the rest of Santa Cruz County,” he said.

Vice Mayor Donna Lind said that although she believes there is a real need for dispensaries and the compassionate use of marijuana, she still has concerns about opening one in Scotts Valley.

“Some of my concerns are about how we can have a program that I believe is necessary, but do it in a way that can be regulated safely," Lind said. "I just feel I have more questions. I believe in the need, but I also know there’s a lot of abuse and a lot of legal issues that have not been worked out, and I’d like to see us take the time and do it properly.”

Councilman Jim Reed said one of his concerns had to do with law enforcement.

“There are statewide law enforcement agencies that have looked at this in great detail and decided that they don’t think the spread of medical marijuana is a good thing," he said. "I have thought about, is it a good thing for us to have more marijuana in town, and I have not come to the conclusion that it is.”

The council voted unanimously to deny Gates’ appeal.


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