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Mixup in licenses rectified: distribution facility approved

June 28, 2018

NEEDLES — Harry Ezajin, representative for H-Street Patient Care, has filed an application for a conditional use permit (CUP) for a distribution facility at 101 East Spikes Rd., which is currently the site of Budfarmacy Dispensary.

The applicant is proposing to utilize part of the building previously permitted for manufacturing for a distribution facility.

According to background information provided by city staff, the proposal is to reduce the proposed medical marijuana manufacturing facility from 2,121 square feet to 1,383 square feet and utilize 738 square feet for the distribution facility.

The background information states that the Budfarmacy Dispensary was recognized as one of four pre-existing dispensaries in December 2015 and issued an administrative CUP.

The applicant has two remaining conditions of approval received with the CUP for cultivation and manufacturing that have not been completed: submittal and implementation of a landscape plan, and installation of a directory sign to assist with the location of appropriate suites for deliveries.

The background information states that on April 10, 2018, public testimony was taken expressing concerns that the city is allowing Budfarmecy to operate without a state license; as well as product inventory from H Street dispensary being shared with Budfarmacy dispensary, both of which are owned by the same individual. City staff met with the applicant and explained to the applicant that the application for state license needed to occur in January 2018 and issued a notice of violation for not having the state license.

The applicant stated, according to the information, that he thought the local licenses needed to be in place first before filing with the state.

In order to rectify Budfarmacy not having a state license for a medical retailer, the applicant filed for a temporary state license from the Bureau of Cannabis Control. In a meeting with the applicant, staff was able to glean that product was being moved between the H Street and Budfarmacy Dispensary, which can only occur through the use of a permitted distribution facility. The applicant stated that he was not aware that this was a requirement and was advised by city code enforcement that any additional occurrences of this situation will result in citations and fines.

On April 18, 2018, the Needles Planning commission recommended to the city council approval of a CUP for a distribution facility at 101 E. Spikes Rd.

The city council approved the CUP for a medical marijuana facility located at 101 E. Road during their regular council meeting on May 29.