If enacted as drafted, the new regs will make major changes in the way Proposition 215 patients may legally cultivate and obtain their medicine and in the business operations of Arcata’s existing cannabis dispensaries.

Drafted as amendments to the Land Use Code, the new standards deal with three categories of medical cannabis cultivation and dispensation: personal cultivation by Prop 215 patients, permit requirements for cannabis dispensaries and cultivation parameters for dispensaries.

Personal cultivation
Prop 215 patients would have 50 square or 250 cubic feet in which to cultivate, almost half the present 99 square feet, and only in their own residence and no others in Arcata.

Exemptions could be granted in special circumstances allowing up to 100 square feet and 250 cubic feet.

Firewalls would be required and use of gases such as CO2 and butane prohibited.

No medical marijuana “overage” could be sold, as some dispensaries have requested. No external evidence of a grow – including odor – would be allowed. All homes with grows would have to have a functional kitchen, bathroom and primary bedroom.

Dispensaries
Dispensaries would be capped at five, would need Use Permits and would be allowed only in certain zones, with special scrutiny for those wishing to locate near residences, parks, day care centers, schools or other dispensaries.

For dispensaries in commercial central areas, on-site cultivation would be limited to 25 percent of the floor space, and not more than 1,500 square feet.

For those in commercial general areas, up to 49 percent of the floor space could be used for growing.

Dispensaries would have to develop operations manuals and submit “Annual Performance Review Reports” to the City.

Dispensaries could offer no more than eight ounces of cannabis per patient every 30 days, and patients’ recommendations would have to be renewed every six months.

Hours would be limited to 8 a.m. to 8 p.m. Safety and environmental measures would be required. Just one off-site cultivation and processing site would be allowed within Arcata.

Existing dispensaries would have one year to comply with the new standards.

Resident concerns
At a meeting with concerned neighbors on Monday, Community Development Director Larry Oetker offered background on development of the draft standards.

He said the proposed limit on dispensaries was placed at five in order to accommodate the four in existence plus one in the Cooper Building which has been granted a use permit but not yet opened.

However, the Planning Commission or City Council could decide that fewer are appropriate. "There has to be the political will," Oetker said.

The floor space limits at dispensaries are also intended to allow continued operation of existing facilities, but could be revised downward. Oetker said he was trying to balance direction given at an April City Council study session with existing facilities.

Oetker said the ultimate goal of the guidelines is to protect access for medical cannabis patients while curbing commercial exploitation of Prop 215 by regulating the dispensaries. The new standards, he said, attempt to curtail illegal purchases from grow houses and "close the loop" – ensuring that dispensaries obtain medical marijuana only from and for 215 patients.

That's the goal of new standards being developed by the State Attorney General's Office. The state guidelines were expected to be released some weeks ago, but have been withheld for further review by Attorney General Jerry Brown, according to Deputy Attorney General Jacob Appelsmith.

Ultimately, Oetker said, a state authority comparable to the department of Alcoholic Beverage Control may be needed in order to inspect and audit dispensary records and inspect their facilities for compliance.

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