Sonoma County supervisors rejected a proposed medical marijuana dispensary south of Santa Rosa on Tuesday, saying it was too close to a residential area and two school bus stops.
The owner of the Sonoma County Collective, the nonprofit that wanted to set up the dispensary at 4170 Santa Rosa Ave., however, said the supervisors were simply determined to use zoning rules to prevent medical marijuana businesses from opening.
"You got what you wanted; congratulations," collective founder Asa Shaeffer cried out at the supervisors after the 4-1 vote. "I am not a drug dealer."
His attorney, Arthur D. Hodge, said he intended to file suit against the county, possibly as early as this week.
"We obviously answered all the questions" raised by county planning staff, he said. The supervisors "were reaching for something to base their decision on."
Supervisors rejected an unrelated dispensary proposal at the same site in 2012 by a 3-2 vote, again arguing it was too close to nearby homes and the bus stops, which serve the Bellevue Unified School District.
Shaeffer said he had invested tens of thousands of dollars to meet the objections raised in the previous proposal, including installing a redwood-plank fence to screen the property from neighbors and kids at the bus stops. He promised extensive security and rigorous vetting of his customers to maintain order at the site.
Dozens of supporters packed Tuesday's hearing and argued passionately that Sonoma County Collective is compassionate and well-run. They said the supervisors were applying inappropriate standards to a legal business.
"I simply want to get my pain medication and go home," said disabled veteran Gibson Best of Windsor. "Nothing I am doing is humiliating ... I don't want people telling me that kids shouldn't be seeing what I am doing."
Supervisors denied that they were against medical marijuana, but rather objected to the details of the site. Supervisor Shirlee Zane, who represents the area and led the criticism of both dispensary proposals, said she favors fully legalized marijuana. Chairman David Rabbitt said "as a society we are a bunch of hypocrites" in prohibiting marijuana while allowing drugs such as alcohol and tobacco to be sold openly.
The board did, however, seem to waver in opposing the proposal. Supervisors Efren Carrillo and Mike McGuire, both of whom voted in favor of the previous proposal at the site, and Susan Gorin at first seemed sympathetic to Shaeffer's plan.
The tide appeared to turn, however, as the Sonoma County Collective's supporters testified to the quality and convenience of Shaeffer's business, which is handled on a home delivery basis. Supervisors questioned whether a home delivery business was permitted under the zoning ordinance.
Planning staff said the zoning ordinance requires that dispensaries operate out of a physical store, where customers must come in to purchase their product.
"You seem to be running a business without permits," Gorin told Shaeffer.
Shaeffer said County Planner Blake Hillegas had given him a permit to run a delivery service from another location, but Hillegas said after the meeting that he did not recall any such discussion with Shaeffer.
Attorney Hodge said he did not know what kind of permits Shaeffer might have currently, but he would discuss it with him.
In the end only Supervisor Efren Carrillo supported Shaeffer's plan. He said the county was "sending the wrong message" by making it so difficult for the collective to establish its business.
"To me, it's a retail enterprise providing lawful items that have a lawful use," he said.
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