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Patients and dispensary operators urge board to close planning loophole allowing transfers of medical cannabis permits
Summary
During public comment at the Sept. 2010 Board meeting, patients, dispensary staff and advocates urged the board to block use of a planning 'letter of determination' that they say allows change of control at medical cannabis dispensaries without public review.
Dozens of patients, dispensary staff and community advocates used the Board's general public comment period to urge Supervisors to back legislation that would prevent the transfer of medical cannabis dispensary permits without public review.
Speakers identified a recent administrative letter of determination from the acting zoning administrator that, they said, allows a new operator to proceed with an application to continue operation of an existing medical cannabis dispensary without further Planning Department review or a public hearing. Commenters described the practice as a loophole they said outside investors can exploit to buy properties with existing MCD permits, raise rents and displace compassionate nonprofit operators who provide medicine at low or no cost to elderly and low-income patients.
Reverend Randy Webster said the city must "stop the atrocity" and called for immediate action including a rule that ties MCD permits to the named applicant or project, not solely to the property. Representatives of HopeNet and Access of Love described long-standing neighborhood relationships, senior and veteran patients who depend on subsidized medicine, and programs that provide free or reduced-cost medicine to the homebound. Greg Ledbetter of Access of Love and John Martinelli, another MCD operator, said outside buyers are already trying to "buy up buildings with existing MCDs at over market values" and recommended the city require review when control of a dispensary changes.
Speakers asked the Board to direct the Planning Department and zoning administrator to reverse any position that treats a change of operator as simply a property-level transfer exempt from review, and to support Supervisor Daly's resolution (introduced earlier in the meeting) to ensure community oversight and preserve nonprofit, patient-focused operations.
No formal board vote on a change to the Planning Department practice was recorded during general public comment; several speakers asked that the board act and urged the acting zoning administrator to reverse the apparent policy that permits transfers without review.
