Opening of a medical marijuana collective in South San Francisco could be delayed after an appeal by neighbors sparked staff to put a potential 45-day postponement before the City Council until the city-wide zoning ordinance is adopted.

On Oct. 5, a permit to open a medical marijuana collective at 175 Utah Ave. was approved by a split Planning Commission vote, with Wallace Moore, Pradeep Gupta and John Prouty dissenting. Last week, neighbors of the proposed business appealed the approval. The appeal on its own does not postpone the opening, however in conjunction with a moratorium it would. If approved, the moratorium would bar the council from hearing the appeal, thus delaying any opening. Collective officials are hopeful providing additional information will prohibit the need for a moratorium.

Scot Candell, a San Rafael-based attorney representing the nonprofit Island of Health that will run the collective, noted the moratorium came as a result of the appeal which claims the city may have liability not addressed by its current regulations. Candell hopes providing additional information will prevent the need for a moratorium.

“A moratorium is a knee-jerk reaction,” he said.

Councilmembers, while supportive of medical marijuana as a concept, were eager to revisit the topic to ensure there would be no negative consequences as a result of a collective opening.

Vice Mayor Mark Addiego was interested in reopening the conversation. He noted the city’s ordinances seemed very restrictive, but wanted to be sure abuses and negative activity would not occur as a result of a collective opening.

Mayor Karyl Matsumoto agreed, she would like to use the time to revisit the topic and be sure the city did not overlook anything.

Councilman Rich Garbarino did still have some questions, especially the differences between state and federal law. Garbarino conceded that decision would ultimately be for the courts to decide, but had interest in hearing residents’ opinions on the topic.

Medical marijuana was legalized in California in 1996 and the extent was further clarified in 2004 by Senate Bill 420. In 2005, a collective application to open a marijuana dispensary resulted in South City placing a moratorium on such establishment until rules were approved, which occurred in 2006.

The Island of Hope proposal was the first to come before the city since the rules were approved.

If opened, the collective is expected to have about 100 patients with no more than a few pounds on site. Officials had hoped to open the collective by year’s end. The commission required it be reviewed after six months, a year and 18 months.

Under the city regulations, a collective is to be located more than 500 feet away from a residential neighborhood and have no more than 10 patients per primary caregiver. The location is more than a half mile from a residential area.

Earlier this month, San Bruno approved a temporary moratorium on the establishment or operation of a medical marijuana collective. It will lapse Nov. 27 and could be extended an additional 22 months and 15 days. It will come back before the council Nov. 10.

The City Council meets 7 p.m. Wednesday, Oct. 28 in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco.

Heather Murtagh can be reached by e-mail: heather@smdailyjournal.com or by phone: (650) 344-5200 ext. 105.