MEDICAL MARIJUANA: WHAT WILL THE GUIDELINES BE?

If the Arcata City Council approves of the new medical marijuana
guidelines tonight, patients, caregivers and dispensaries in the
inland areas of the city will have to adhere to regulations imposed on
the cultivation and dispensing of medical marijuana.

The council will vote on amending the guidelines, which aim to
regulate how dispensaries operate in hopes of curbing Proposition 215
abuse, and add them to the recently adopted land use codes. The
guidelines -- which will apply to all areas of Arcata except those
that remain in the coastal zone, which is located mainly in the
bottoms as well as south G Street -- will go into effect in about a
month, according to senior planner Joe Mateer.

The guidelines cover everything from the definition of medical
marijuana terms to how medical marijuana can legally be cultivated in
a residence. It will also cover the permitting of cooperatives or
collectives.

For residential grows of Prop. 215 patients and primary caregivers,
restrictions would be placed on space and lighting wattage.

Also, the grower must be a resident in the house where the grow is
cultivated and cannot have a grow in another home. And there can be no
signs of the grow inside or outside of the house.

No sale or dispensing of medical marijuana for personal use is
allowed. Any residences exceeding limits will be required to have
documentation of a need for more cultivation.

Mateer emphasized that a process is in place to validate any
complaints made against houses that may be in violation of the
guidelines. The process will include the filing of a complaint,
notices and an inspection, which could result in disconnecting
electrical meters because of potential electrical hazards, said staff
reports.

Violations could also result in a criminal or civil injunction with
penalty .

For the dispensaries, permitting will be limited to specific zones.
The guidelines will put restrictions on the number of dispensaries in
the area, as well as the source of medical marijuana. Dispensaries
will have to submit a detailed operations manual to provide a
transparent overview of their daily operations and record keeping, as
well as submit to an annual review.

The city will regulatie the number of clinics. For now, the cap will
be at four. If two of the four dispensaries stop operating, the cap
will stay at two.

The council will take public comments before considering the
amendments at the meeting tonight at 6 p.m. at City Hall.

To review the complete guidelines, visit www.cityofarcata.org.

Guideline highlights:

Residential:

* Cultivation area shall not exceed 50 square feet and ten feet in
height per residence

* Lighting shall not exceed 1,200 watts

* Use of gas products for cultivation or processing is
prohibited

* Residence shall maintain kitchen, bathroom and primary bedroom for
their intended use and not for cultivation

Dispensaries:

* Total number of dispensaries will be limited with the ultimate goal
of reducing the number from four to two

* If use permit calls for limited on-site cultivation, the cultivation
cannot exceed 25 percent of the total floor area with a cap of 1,500
square feet and ten feet in height

* Qualified patients can be a source of medical marijuana, but they
must be a member of the cooperative or collective, and cannot be paid.
The dispensary can credit the patient.

* Hours of operation must be between 8 a.m. and 8 p.m. unless
otherwise specified in a permit