Purple Cross Rx director schedules meeting with planning
department
The director of Purple Cross Rx, the medical marijuana
dispensary that Hollister officials claim is operating illegally
downtown, plans to meet with county officials next week to discuss
the option of relocating outside the city limits.
Scott McPhail said he has a meeting scheduled next week with San
Benito County Planning Director Art Henriques and assistant
director Byron Turner with the goal of eventually submitting a
formal proposal to the county. Henriques and Turner were in a
meeting and unavailable for comment on deadline.
Purple Cross Rx director schedules meeting with planning department
The director of Purple Cross Rx, the medical marijuana dispensary that Hollister officials claim is operating illegally downtown, plans to meet with county officials next week to discuss the option of relocating outside the city limits.
Scott McPhail said he has a meeting scheduled next week with San Benito County Planning Director Art Henriques and assistant director Byron Turner with the goal of eventually submitting a formal proposal to the county. Henriques and Turner were in a meeting and unavailable for comment on deadline.
McPhail said his preference is to keep the dispensary operating at 335 San Benito St., near the intersection of Fourth and San Benito streets.
“That’s not to say we’re giving up here,” he said from his third-floor offices. “My attorney has assured me that I can stay open as long as I want. But if the county is accepting, I have no problem picking up and setting up there.”
The Hollister City Council in January passed an emergency ordinance banning the establishment of medical marijuana dispensaries in the city and this week passed a regular ordinance containing the same prohibitions. Last month, city officials issued a compliance order to McPhail and his landlord ordering the dispensary to close within 30 days or face fines. That deadline is Monday, Feb. 8.
Asked if Purple Cross Rx would be grandfathered in and therefore allowed to operate at its current location because the city ordinance banning such operations was enacted after the dispensary opened, City Manager Clint Quilter said, “They weren’t operating legally so they’re not grandfathered in.”
Regarding the compliance order, Mayor Victor Gomez said: “The best step is to allow them sufficient time to respond to the order. That’s what the 30 days are for. It’s going to be decision time for the city after the compliance order expires.”
Gomez received and declined an invitation by McPhail to visit Purple Cross Rx to get an inside look at the dispensary.
“He was nice enough to give me a call last week and put that invitation on the table,” Gomez said. “Right now probably wouldn’t be the best time because of the circumstances of him not being in compliance – though I do appreciate him coming forth. He invited the whole council and the staff as well.”
McPhail said he was encouraged by the county planning department’s rapid response to his request for a meeting.
“It was promising that they called me back and gave me a meeting date right away,” he said. “That’s something the city never did. (The county) called me back and gave me a chance. They haven’t banned it like the city has.”
McPhail said he has five possible locations in the county where he could open a dispensary.
“I cannot disclose them due to the fact that the landlords don’t want to be put in the spotlight until after there are regulations in place” permitting dispensaries in the county, he said. “One option is the city gives us regulations and we work it out and stay where we are, and the county is another option. The third option is we’ll just stay here and go on. If the city wants a lawsuit against us we’ll have to defend our rights. I hope that we don’t have to do that.”
Nearly 200 Hollister residents are members of the Purple Cross Rx dispensary, according to McPhail.
“It’s everybody that’s a part of society; productive people,” he said. “They feel the location is more convenient for them in all aspects: time, gas and just contributing to the tax bracket in Hollister.
“My biggest goal is either the city, preferably, or the county give us some regulations that they feel they need and we work together on this and keep serving the patients of Hollister,” McPhail added.
Gomez said the dispensary would likely impact Hollister regardless of its location within the county.
“We’re such a small county that whether (McPhail) operates inside or outside of the city limits it’s going to have an impact on the city,” Gomez said. “It being downtown, a lot of people are concerned because of the criminal activity supposedly associated with medical marijuana dispensaries. In a rural area, you might not have that loitering.
“I would leave that to the county planning department and the Board of Supervisors. That’s going to be their decision. It might be time for them to evaluate their zoning ordinance.”
