Supervisors decline emergency pot ordinance, Cottonwood dispensary lacks use permit

A proposed emergency ordinance for a 45-day moratorium on medical marijuana dispensaries in Shasta County was snuffed-out by Supervisors Leonard Moty and David Kehoe, and the motion was withdrawn by Supervisor of District 5 Les Baugh at their Sept. 15 meeting. To pass, Baugh's motion for the emergency ordinance required four out of five votes.

The 45-day delay would have allowed county resource management "to get input from other departments in crafting additional zoning regulations," according to Interim County Council Michael Ralston.

While the emergency moratorium was not passed, zoning regulations for the dispensaries are still up for consideration by county staff.

While not in favor of the legality of medical marijuana, Moty voted against the motion -- as the "compassionate use" law allowing for the medicinal-only use of marijuana, Proposition 215, was passed in 1996.

"I will never see a reason to support medical marijuana," Moty, a former Redding Police Chief, said. "but after 14 years, 45 more days won't make a difference. I don't see the urgency for an ordinance."

Kehoe also questioned the need for urgency.

While agreeing that Prop 215 was in effect for many years, Baugh countered saying that "there has been no (zoning) clarification in that time."

While Baugh stated a preference for banning the dispensaries, Shasta County Department of Resource Management Director Russ Mull said that some zoning allowance for the dispensaries was necessary, as the dispensaries are legal businesses in California.

Ultimately, the board requested Mull return to the board with a recommendation.

Your Cottonwood Collective, the dispensary in District 5 which ignited Baugh's interest, would still be asked to close regardless of any moratorium vote, Mull said, since the business does not have a use permit.

"We will send a letter for them to get a use permit," Mull said of the action to be taken.

The use permit process takes at least three to four months, and the business would not be allowed to operate until a use permit is attained, Mull said.

"It happens all the time," Mull said of businesses that open without knowing what requirements exist.

The business, Mull said, would likely receive a use permit between the zoning regulations for a pharmacy and a business office.

"I was expecting the moratorium to pass, but now I have a whole other issue to tackle," owner of Your Cottonwood Collective Matthew Mosher said. "We're going to do anything and everything to keep our doors open."

Mosher said he approached the county before opening and was told the business did not require a business license or use permit.