Fairfax considers relocation request by cannabis business

Fairfax town officials are evaluating the impact of relocating the town’s oldest cannabis dispensary.

The Town Council directed staff at a meeting on Wednesday to provide more information on the effects of zoning and permitting changes for the Marin Alliance for Medical Marijuana.

The business, which has been in operation since 1997, is approved as a medical marijuana storefront and recreational delivery service in a suite at 6 School St.

The report is expected to come before the Town Council in December.

A petition from owner Lynnette Shaw, submitted to the council on Sept. 24, requests modification to the business’ conditional use permit and the town’s zoning code in order to move. She said the landlord is planning to sell the property. The business, which has a permit that only applies to its current location, must vacate no later than Dec. 31.

“I’m just here to ask for cooperation in the name of compassion,” she said.

The town prohibits cannabis storefronts except in specifically designated zoning districts.

In order to move, the business must apply for new commercial cannabis business permits, with a specific location designated, as well as site and building plans. A site has not been identified.

If the application is approved during a prescreening review, it would be evaluated by the Planning Commission for preliminary scoring and possible recommendation to the Town Council. The council would make a final determination.

Town Attorney Janet Coleson said the report would outline the impacts of zoning changes and the process of moving the cannabis dispensary to another location.

“That is not our rule, that is state law,” she said.

“I’d really like to see this business stay in Fairfax,” said Councilmember Lisel Blash.

Larry Bragman, an attorney representing the dispensary, drafted a letter to the council read by Shaw. In it, Bragman called for an expedited process to protect the health of medical users.

“This is a very complex and laborious process from which the alliance has been exempt as a legacy business,” the letter said.

Councilmember Bruce Ackerman said cannabis businesses interested in moving could potentially avoid the extensive application process when requesting a simple change of location.

“We would like to make it work. That’s the question, how to make it work, how to expedite it,” Ackerman said.

Mayor Barbara Coler said her support leaned more toward the medical storefront aspect of the business rather than the recreational delivery.

“I would like to see us be able to proceed down this path. I hear a lot of support for medical cannabis dispensaries,” she said.

The Town Council passed an ordinance in August 2020 allowing two marijuana retail businesses to operate in town.

Fairfax’s cannabis regulations allow medical marijuana storefronts and recreational cannabis delivery services, or businesses that combine the two. Walk-in dispensaries cannot be located within 600 feet of schools, or within 300 feet of preschools, daycare centers or tutoring businesses. Delivery services must be at least 250 feet from schools and other youth centers.