Adelanto planning commission pauses cultivation approvals pending state-alignment of local rules

The Adelanto Planning Commission voted to continue three public hearings on proposed medical-marijuana cultivation projects after staff said the city attorney had recommended changes to the local development code to align with the Medical Marijuana Regulation and Safety Act.

Mark, the planning staff member who presented the projects, told the commission the attorney's review found the draft ordinance combined or misstated state licensing categories and that any approval under the present language "would not be valid." The commission therefore postponed action on location development plans 16-O-1 and 16-O-2 and conditional-use permit 16-O-3 until the ordinance has been amended and the attorney is available to advise the commission.

The move matters because applicants and would-be investors said they have money committed and expect decisions quickly. Applicant David Abovian, who identified himself at the hearing, said he preferred to "do everything by the book" and was willing to wait a few weeks if that avoided future legal problems. "If it's gonna create problems, Mark is right. Let's just iron it out and then go forward," Abovian said.

Residents and commissioners pressed staff for clarity about the state rules they called the "Mercer Law" (MRSA). Staff summarized MRSA as creating multiple license classes tied to canopy size and described a dual-permit process: local approval first, then a state permit. Staff said the state's largest canopy threshold is roughly 22,000 square feet and that smaller classes include 5,000 and 10,000 square feet thresholds. Mark noted that the state still has ambiguities about how "premises" and multiple buildings on a single property will be counted, a point commissioners flagged as important for larger facilities.

One proposed project, submitted under 16-O-1 by Michael Pontius for Genex Trading, would construct a 9,900-square-foot medical marijuana cultivation facility on West Raccoon Avenue (Parcel Map 15626), according to staff. Another applicant described a similar proposed facility. Staff also presented a proposal by HD Biotech for an indoor cultivation operation in an existing 34,000-square-foot building (the former Speedy Cut). Mark said the HD Biotech project's canopy — the plant-growing area MRSA focuses on — would be about 9,007 square feet, which would place it below MRSA's largest canopy threshold.

Industry representatives urged careful correction of the ordinance language. "The first ordinances combined subsets such as cultivation with testing and manufacturing, which MRSA says you cannot do," said Manny Serrano, who identified himself as spokesperson for the High Desert Cannabis Association and as a local franchise owner. He urged the commission to separate license types so operations and testing remain distinct and safe.

Commissioners also debated procedure and timelines: staff noted public hearing notices had to be published 17 days before the meeting, which is why the items were on the agenda even though the attorney alerted staff afterward that amendments were necessary. Commissioners approved a motion to continue the three items to the commission's earliest available meeting once the attorney's recommended ordinance changes are prepared and the city council has taken the necessary first reading steps.

What happens next: staff and the city attorney will revise the local ordinance language to align with MRSA, and the commission will reconvene to consider the projects once the new ordinance takes effect; staff estimated the earliest ordinance-effective date could be in late June under the current schedule, but the mayor said he would urge an earlier timeline.

Authorities and actions referenced in the hearing included the local Resolution P16-10 (consent item adopted earlier in the meeting) and the Medical Marijuana Regulation and Safety Act (MRSA), which staff repeatedly cited as the reason to delay action. The commission recorded motions to continue 16-O-1, 16-O-2 and 16-O-3 pending ordinance changes and attorney review.