Cannabis offered for sale at the Marin Alliance for Medical Marijuana in Fairfax in 2009. (Frankie Frost/Marin Indeendent Journal)
The cannabis store in Fairfax has won a pair of concessions that could keep it from leaving town.
The Marin Alliance for Medical Marijuana is facing eviction from 6 School St. because the property owner is selling the building, according to proprietor Lynnette Shaw. The store, which must vacate by Dec. 31, is seeking a conditional use permit to reopen at 1591-1593 Sir Francis Drake Blvd.
On Wednesday, the Town Council voted 4-1 to grant the store two exemptions: one that waives a lengthy review process required for new cannabis businesses, and another that requires them to be more than 300 feet from tutoring centers or preschools.
Mayor Lisel Blash cast the dissenting vote. Blash said she wants the business to remain in Fairfax, but also wants to represent constituents who think the issue deserves more consideration.
“I want to make sure that the voices of all stakeholders will be heard,” Blash said. “I know that there will be more opportunity for the community to weigh in at the Planning Commission meeting on this issue, but for many, this has been a shock and they need time to absorb the information.”
The vote will require a second reading and approval at an upcoming meeting.
If the Planning 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 has 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.
But the proposed site on Sir Francis Drake Boulevard has already posed challenges. The building is in Fairfax, but the sidewalk out front is in San Anselmo, said Town Manager Heather Abrams.
The site also is at odds with a requirement that pot businesses be more than 300 feet from preschools or tutoring centers. The site 275 feet from the Tutoring & Learning Center at 1613 Sir Francis Drake Blvd. and 290 feet from the Caterpillar Academy at 1569 Sir Francis Drake Blvd., said Larry Bragman, an attorney representing the dispensary.
“She’s established a track record of compliance with the law,” Bragman said of Shaw.
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Blash said the business was asked to vacate the site because the owner is considering redeveloping it as housing. The site, which also includes 95 Broadway, was included in the town’s housing element as a housing opportunity site.
The Planning Commission will examine details of the business’ operation such as parking, safety and management as part of the conditional use permit review.
The town also prohibits cannabis storefronts except in specifically designated zoning districts. The new location is in a “highway commercial zone” and would require approval by the commission.
“I think the Planning Commission can do the deep dive, that’s what they are good at,” Councilmember Barbara Coler said at the meeting.
The council passed an ordinance in August 2020 allowing two marijuana retail businesses to operate in town. The town’s 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.
