Plans to open a medical marijuana dispensary in Nipomo hit a snag on Jan. 25 when members of the South County Advisory Council unanimously decided they wouldn’t recommend the project’s approval to officials in the San Luis Obispo County Planning and Building Department.
The project applicant, Robert D. Brody of Los Angeles, is seeking a minor use permit to operate the dispensary out of an existing industrial office space at 425 B North Frontage Road in Nipomo. Brody has the approval of the property owner, Carmel resident Brent Gross, according to an application filed with the planning department.
Nipomo residents, however, don’t seem to share much enthusiasm for the project: Out of the more than 30 people who lined up before the council to comment on the project, only five expressed their support.
Local law enforcement officials also appeared at the meeting to share their concerns with the council.
Brian Hascall, a commander with the San Luis Obispo Sheriff’s Department, read a 2008 statement from Attorney General Jerry Brown technically declaring pot dispensaries illegal in the state of California.
“Although medical marijuana dispensaries have been operating in California for years, dispensaries, as such, are not recognized under the law,” the statement said. “The only recognized group entities are cooperatives and collectives.”
According to the statement, dispensaries that don’t comply with the strict guidelines set forth for cooperatives and collectives aren’t protected under the law and could therefore open operators to arrest and criminal prosecution.
“The board of supervisors may not issue a permit for illegal activity despite the wording of the current ordinance, which we have determined to be flawed based on the current positions of the state and federal justice departments,” Hascall said in a transcript e-mailed to the Sun.
“It is my professional opinion that illegal operations of this type are not only detrimental to your community, but actually may be [a] location that generates intensive law enforcement problems that will pull needed resources away from other parts of the county and cause a decline in service to the general population of the district,” he said in the transcript.
In an interview with the Sun, planning department staff member Bill Robeson said the council’s recommendation will now be submitted to the planning department. It will most likely be used in a hearing to determine whether or not the project should be approved.
If the minor-use permit is declined, Robeson said, the applicant could appeal the decision, in which case the project would go before the Board of Supervisors.
“I think it will be appealed,” he said.
Calls made to project applicant Brody and property owner Gross weren’t returned as of press time.
This article appears in Jan 28 – Feb 4, 2010.