Fairfax edits town code on cannabis dispensary

The Fairfax Town Council has repealed a bit of town code customized for Marin’s first medical marijuana dispensary.

The action to remove outdated language Wednesday came after the Marin Alliance for Medical Marijuana did not relocate to 1591/1593 Sir Francis Drake Blvd. because of complications securing the site. The dispensary was forced to vacate its spot at School Street Plaza, which was sold to make way for proposed housing.

The language in the town code had address information about the dispensary that was no longer relevant and thus needed to be removed, a staff report said.

Larry Bragman, the attorney for dispensary founder Lynnette Shaw, nonetheless urged the council to not act “until Lynnette has a chance to go to the Planning Commission with her new location.” Shaw hopes to reopen at a former general store at 61 Bolinas Road but has not yet undergone town review.

“I have patients calling me every single day that want our products and our advice and our knowledge back,” she said.

Several members of the council said it has repeatedly helped the dispensary, including a town code revision in late 2024 to authorize its operation.

“We changed the code for you. We put in an address,” Mayor Stephanie Hellman said. “We were advised against it and did it anyway.”

“What we did last December was extraordinary,” said Councilmember Barbara Coler. “A few years ago, when there was some problems with just having a medical dispensary, I pushed the council at that time to allow you to do recreational delivery because I know that was a lifeline.”

“From what I understand … us repealing it is not going to make any difference on the ability of this business to start up somewhere else,” said Councilmember Lisel Blash.

Members of the council encouraged Shaw to seek Planning Commission review on opening at 61 Bolinas Road. That review is the process by which Fairfax resident Martin Kaufman gained approval for a dispensary at 1601 Sir Francis Drake Blvd.

Town code allows no more than two locations for medical cannabis or cannabis delivery.

Hellman, Coler and Blash voted to excise the Marin Alliance for Medical Marijuana addresses from town code. Councilmembers Michael Ghiringhelli and Frank Egger voted no.

After the vote, Shaw made a presentation to discuss relocating the business to 61 Bolinas Road for “medical access only.”

“This is a much smaller version of my business, which would be more manageable,” she said. “I really know how to help people with whatever illness they have.”

“The proposed location at 61 Bolinas is intended solely for walk-in medical purposes, to support those who need help to survive and die with dignity and grace,” said Kathy Flores. “I urge you to approve her application.”

“As far as I’m concerned, as a doctor, she’s a health care provider,” said Dr. Christopher Nyland, a hospice and palliative care specialist.

Town staff said there was no council action to take because the Planning Commission has opened an application period for a second dispensary. The commission will evaluate all applicants and forward its recommendation to the council, which would approve or reject the proposed dispensary.

“I think we’ve tried really hard to help you, and I think it’s time to go through the application process,” Coler said earlier. “You’ll be treated fairly.”

“You know, she’s starting all over again,” said Bragman. “In spite of the fact that she’s provided 30 years of service to the community.”