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News (Media Awareness Project) - US CA: Public Hearing to Address Marijuana
Title:US CA: Public Hearing to Address Marijuana
Published On:2009-11-10
Source:Record Searchlight (Redding, CA)
Fetched On:2009-11-11 16:03:27
PUBLIC HEARING TO ADDRESS MARIJUANA

City Planners to Recommend Cultivation Limits and Zoning Restrictions

The Redding Planning Commission will take a first stab at setting
marijuana cultivation limits and zoning restrictions for medical
marijuana collectives during a public hearing today.

City planners will recommend the commission limit outdoor marijuana
gardens to 100 square feet for the six mature plants allowed under
Prop. 215. The gardens would have to sit behind a self-closing gate
in a 6-foot-tall, "non-climbable" fence, under the proposed zoning regulations.

Caregivers growing for more than one qualified medical marijuana
patient may apply to the city for outdoor gardens up to 200 square
feet, under the zoning city planners are proposing.

Planners also are urging the commission to adopt zoning that would
forbid medical marijuana cultivation within 50 feet of a front
property line, 25 feet of a side property line, 15 feet of a rear
property line and within 40 feet of any neighboring home.

Jess Brewer, CEO of the Trusted Friends collective in Redding, said
the proposed restrictions would effectively ban outdoor medical
marijuana cultivation on the city's myriad smaller lots.

"What are you going to do with a lady who lives in the Garden Tract
trying to grow one plant on her patio?" Brewer said. "She will not be
in compliance."

Brewer said he did not have any problems with the fencing requirements.

The proposed regulations on outdoor cultivation are meant to be a
starting point for discussion, planners said in their report to the commission.

Planners did not take a position on indoor cultivation in their
report, but raised concerns about electrical fires and mold.

The commission's deliberations on marijuana cultivation come after
the City Council last month imposed a 45-day moratorium on new
medical marijuana collectives to allow officials time to develop
regulations on dispensary operations and cultivation.

Redding hosts an estimated 20-plus medical marijuana collectives,
with some observers putting the number as high as 40.

A council majority on Oct. 20 approved a set of regulations that
would subject medical marijuana collectives and their records to
police inspection.

The proposed regulations do not allow new collectives within 300 feet
of a residential district and within 1,000 feet of a school, day care
center, park or another collective.

Based on these restrictions, planners today will urge the commission
to adopt zoning forbidding medical marijuana collectives in zoning
districts for small office buildings and neighborhood shopping areas.

Redding's proposed medical marijuana regulations have divided the
council, which deadlocked while attempting to approve them on a
routine second reading during a special meeting Oct. 26.

Councilwoman Missy McArthur changed her initial yes vote to a no vote
at that meeting, saying the new ordinance posed too many unanswered
questions. Vice Mayor Patrick Jones has consistently voted against
the new ordinance, saying it conflicts with federal law, which
outlaws marijuana possession.

City Attorney Rick Duvernay has told the council that Redding and
other cities may regulate medical marijuana under guidelines adopted
by the state legislature in 2003.

The council is scheduled to take up the medical marijuana ordinance
again Nov. 17, when Mayor Rick Bosetti is expected to be present to
cast a tie-breaking vote.

Meanwhile, city planners will draw up more definite restrictions on
marijuana cultivation and zoning limits on collectives for commission
consideration Nov. 24. The commission is scheduled to vote on a final
set of regulations Dec. 8, according to a report.
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