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Fairfax council repeals site-specific cannabis exemptions, opens application window for legacy dispensary relocation
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Summary
The council voted to repeal two site-specific cannabis code provisions tied to the Marin Alliance for Medical Marijuana but, after extensive public testimony and petitions from owner Lynette Shaw, directed staff to keep an application period for cannabis licenses open through March 22 so Ms. Shaw may submit a relocation proposal.
At the Feb. 4 Fairfax Town Council meeting, the council approved an ordinance to remove site-specific cannabis code language that referenced prior special exemptions for the Marin Alliance for Medical Marijuana (MAM). The item prompted extended public testimony from supporters of MAM and from the business's owner, Lynette Shaw, who asked the council to defer repeal to allow time to relocate.
Town attorney framed the item as code cleanup: the prior School Street site had been redeveloped and the site-specific exemptions no longer applied at that address. "We're trying to do some code cleanup here," the town attorney said, describing two sections for repeal and one for revision to remove past special exemptions.
Lynette Shaw addressed the council at length, describing decades of medical service to patients in Fairfax and saying she had been unable to access a prospective building after foreclosure and property damage delayed reopening plans. "I've been operating the Marin Alliance for Medical Marijuana in Fairfax since 1997," she said, recounting what she described as months of delay and damage that made the previously planned Sir Francis Drake location unusable.
Several residents and legal counsel urged the council to defer repeal or preserve legacy status; others argued the code was inconsistent and should be cleared so future applicants are treated equitably. Attorney Larry Bragman asked the council to defer so MAM could seek a conditional use permit for a new site; proponents including a local physician and longtime customers emphasized the clinic's medical role.
Councilmember Koehler moved to waive full reading and adopt the repeal as presented; Mayor Hellman seconded. The council recorded the vote as: Council member Blasch — yes; Council member (recorded as) Gary Gellley/Guirengeli — no; Council member Kohler — yes; Vice Mayor Ager — no; Mayor Hellman — yes. The motion carried.
Separately, Lynette Shaw presented a petition asking permission to apply for a medical-only storefront at 61 Bolinas Road. Staff confirmed the planning department had opened the application period; the town manager and several councilmembers noted applicants do not require council permission to apply. Vice Mayor Ager moved to direct planning staff to keep the application period open through March 22 to allow additional applicants (and Ms. Shaw) to submit materials; the council provided unanimous direction to staff to keep the window open to that date.
The council's action removes site-specific language from the municipal code, but staff and council repeatedly noted the repeal does not bar Ms. Shaw from applying for a new site under the regular permitting process. The planning commission will consider any completed conditional-use application under the town's standard procedures.
