Plans to review the relocation the Fairfax cannabis dispensary are on hold while the business works to secure its new site.
Larry Bragman, an attorney representing the Marin Alliance for Medical Marijuana, told the Town Council on Wednesday that an auction involving the property was postponed until Jan. 9.
The business is facing eviction from its longtime spot at 6 School St. because the owner is selling the building. The owner, Lynnette Shaw, said the dispensary plans to move to 1591-1593 Sir Francis Drake Blvd.
The Town Council voted Dec. 4 to grant the dispensary an exemption from the lengthy review process required for new cannabis businesses. The council plans to have a second reading and approval of the exemptions on Jan. 9.
At the meeting on Wednesday, Vice Mayor Stephanie Hellman urged the dispensary to move forward with the application to the Planning Commission. She said the site did not have to be officially procured in order for the town’s review to proceed.
“If you want to get in the queue and prioritize at the Planning Commission, you need to do that,” Hellman said.
Councilmember Barbara Coler said the business was granted exceptions because it was evicted from its longtime location through no fault of its own. A developer is proposing to build a 243-apartment complex at the site.
“Part of this process is going to the Planning Commission,” Coler said. “The Planning Commission will be an opportunity for people to come and weigh in their concerns, their support, whatever.”
If the commission grants a conditional use permit, the cannabis business must still obtain Town Council approval. It must also secure cannabis business permits for a medicinal storefront and delivery, both of which the business had at the School Street site.
The council was notified last month that the dispensary, which opened in 1997, would be forced to move.
The town requires conditional use permits and cannabis business permits to be bound by location. The Marin Alliance for Medical Marijuana permit is not considered transferable to the new site.
The council passed an ordinance in August 2020 allowing two marijuana retail businesses to operate in town. The town’s regulations, with conditions, allow medical marijuana storefronts and recreational cannabis delivery services, or businesses that combine the two.