TheBakersfieldCalifornian.com

When Kern County's new restrictions on where medical marijuana dispensaries can locate in unincorporated areas took effect, V&G Collective decided to move -- to the city.

"We had 10 days to relocate," said staff member David Lopez. Areas suggested by Kern County administrators, such as Mojave and Taft, he said, were "impossible."

"It's hazardous to the patients," Lopez said. "They wanted everyone out in the desert, which is a bad thing."

Working closer to where patients live is more convenient, he said, so V&G ended up on Chester Avenue, "away from hospitals, away from schools."

Problem is, medical marijuana dispensaries aren't allowed in the city at all. If more of the establishments move from unincorporated areas to Bakersfield as expected because of Measure G, city government may have to deal with their proliferation.

CITY RULES

Measure G, passed by Kern County voters last month, restricts medical marijuana dispensaries from operating within one mile of schools, churches, day care centers, parks and other such establishments in unincorporated Kern. And they can only operate on industrial property.

That could drive dispensaries to inside Bakersfield city limits, a different jurisdiction, said several dispensary managers and city officials.

"It's not good for what it's going to be doing to the city," said Liz Clarke, manager of Golden State Co-Op, a medical marijuana dispensary located in the city. "Measure G has forced (medical marijuana dispensaries in the county) to close ... so it's bringing more patients into the city. ... It's pushing the trade into the city."

With more dispensaries coming to Bakersfield, there will be more problems from dispensaries that are too blatant or a nuisance, Clarke said.

"Our association here is very low key," she said. "We are conscientious about garbage" and safety around the building. "I don't want to be a nuisance."

City administrators declined to estimate how many medical marijuana dispensaries are inside Bakersfield city limits. But City Attorney Virginia Gennaro said, "I'd be surprised if there aren't any."

Dispensaries are not "permitted uses" under a city resolution passed in 2004. In part, the resolution linked medical marijuana dispensaries to increased crime.

For those dispensaries now considering a move into the city, Gennaro said, "My response to that would be that would be a huge mistake."

True, the resolution "doesn't have legal force in the effect like an ordinance has," Gennaro said.

But violating it could allow the city to pursue a civil lawsuit against a dispensary for violating Bakersfield's zoning regulations.

Violations of state and federal laws regarding medical marijuana dispensaries are other tools for the city to use against dispensaries, Gennaro said. For example, the city has worked with the Drug Enforcement Administration to enforce federal laws regarding medical marijuana dispensaries.

"If we have a dispensary (in the city) and we know about it, it's up to the police department to determine if investigating is needed," Gennaro said.

GRAY AREA

But the discrepancy between federal and state laws presents a lot of gray area in dealing with dispensaries.

Under federal law, medical marijuana dispensaries aren't allowed. Under California law, they are, with restrictions.

"(Measure G) allows certain medical marijuana dispensaries to open up," Gennaro said. "To a certain degree, that's in violation of federal law."

Those discrepancies are far from settled, and cities are dealing with the laws differently, by passing resolutions, ordinances or doing nothing, Gennaro said.

"It's a fluid situation," she said. "Lots of cities are waiting to see ... how to interpret (the laws) and not wanting to be the guinea pig."

Dispensaries can apply for permits to operate in the city, but given the city's resolution, there's no legal basis for granting approval, Gennaro said.

No one has ever applied for a permit in the city, even since the passage of Measure G, said Jim Eggert, the city's planning director. People have inquired about dispensary permits, but were told the city's policy is to not allow them, he said.

DEFIANCE

Saundra Henry has managed Bakersfield Alternative Medicine Co-Op in an unincorporated area of Bakersfield since last December. She has no plans to move the dispensary, despite the passage of Measure G.

"I am not closing down," Henry said. "I put a lot of money into here" in redecorating, installing new floors, carpet and repainting, she said. The front reception room is intended to be a tranquil space, with a fountain trickling in the corner, a big leather sofa, fake bamboo plants and three posters of Bob Marley.

Henry's dispensary is within a mile of at least one school and one church, which means its existence violates Measure G.

But Henry asserts that she is grandfathered in, in part because her dispensary is already located in an industrial area.

"If they try to close you down midstream, change the laws on you midstream, there's nothing right about that," she said. "I don't accept that."

Russell Jones, who volunteers at Henry's dispensary, said Measure G doesn't leave an adequate area for county dispensaries to operate.

"It's going to affect owners who can't afford to relocate," he said. "It's going to cut out the mom and pops like us."

Pete Redman manages Hezekiah Inc., a dispensary outside city limits. A county representative contacted the dispensary recently, saying it had until last Thursday to close, Redman said last Wednesday.

"We have a permit that says medical marijuana collective, but they're telling us we have to close," he said.

Were he forced to move, relocating to the city wouldn't be an option, he said.

"That's a no-no, too, because they already have an ordinance (actually a resolution) against that. There is no shops allowed in the city of Bakersfield."

"We've been looking at it from all different angles," he said. "A lot of other counties have put enforcement on it, too."

As of Wednesday, Redman was not packing up his dispensary.

ADVICE

Phil Ganong, an attorney representing medical marijuana dispensaries, said more will move into Bakersfield as a result of Measure G.

"What else would you do?" he said. With the new restrictions, there may not be enough industrial property for rent, or enough property owners willing to rent to dispensaries.

"I don't think there is going to be nearly enough capacity ... to be able to host the 24 to 27 patient associations that are in the county currently," Ganong said.

Ganong uses the term patient associations to define the organizations. Others contacted for this story used the terms dispensaries, cooperatives and collectives.

Ganong said he has advised those who want to keep operating in unincorporated Kern County to get a permit. Those associations had to have permits as of July 7 or be out of compliance with Measure G, he said. If there aren't enough permits, there may be a case to be made that Measure G is effectively a ban on patient associations in violation of state law.

WATCHING

City leaders said they're watching to see Measure G's effect on Bakersfield.

"We don't think so, but we're watching that," City Councilman David Couch said of the possibility of more medical marijuana dispensaries moving to the city.

"I've always felt if we wanted to control these things, we need to do it through the zoning ordinance," as the county has now done, Couch said.

"We have a resolution that basically says (medical marijuana dispensaries are ) not allowed in city limits," said City Councilman Russell Johnson. "I am concerned that there may be a perception that folks think it's OK to open up a medical marijuana dispensary in the city, but it's not true."

The metropolitan Bakersfield area, including surrounding Kern County, should have one standard, which complies with the city's resolution, he said.

But in the meantime, "I'm waiting to see how well our staff is enforcing the resolution we have on the books," Johnson said. "And if there is confusion, I would definitely advocate that we need to clarify it and have a single standard."

"We 're all aware of what the county has done with regards to Measure G and where it may have some repercussions for the city," said City Attorney Gennaro. "But I think only time will tell as to what those repercussions may be."