YREKA BANS MARIJUANA DISPENSARIES

Yreka, Calif. - The public had a chance to weigh in on a
possible moratorium on
medical marijuana dispensaries Thursday night as the Yreka City
Council held its regularly scheduled meeting with two related
ordinances up for discussion.

The first commenter from the public told the council that she had
tried various prescriptions for health problems and problems with
sleep. She stated that while on certain medications she had been at
risk for bodily harm, in one instance driving in her sleep and
crashing her car.

The woman stated that after receiving a prescription for medicinal
marijuana she has not experienced sleep problems and has dropped a
number of her other prescription medications. She added that she
believes a dispensary similar to the Hearts of Mt. Shasta collective
in the city of Mount Shasta would benefit the city of Yreka and its
citizens.

Next at the podium was the founder of Hearts of Mt. Shasta, Chris
Witcher, who said that he had gone to the city of Mount Shasta and
had been cleared to operate a dispensary there. He said that along
with the 24 people who the dispensary has provided for, he works with
the local police department in providing gas vouchers for drivers in
need and has started a food bank, all using money the dis-pensary
earns.

"We just want to help the community," Witcher said.

The next man, a Yreka resident, said that he applauded the city for
looking at the issue, saying, "I do not want pot sellers in my town."

The man continued by stating that he does not believe that empty
storefronts should lead to the town being filled with tattoo parlors,
pot sellers and porn shops. He also stated that he believes the
people of Yreka want to see "hometown values" in the city.

Yreka Police Chief Brian Bowles also spoke during the comment period,
encouraging the council to evaluate the information he provided
regarding the issue, ending by stating that he is in full support of
a moratorium and ban on dispensaries.

A number of other members of the public also spoke, both those in
support and those not in support of the moratorium proposed by the
city.

Upon the closing of the public comment period, councilmember David
Simmen stated that he believes a provision in the second ordinance
may create more of a nuisance if it is included. Specifically, he
referred to ordinance number 817, which would amend the Yreka
Municipal Code by prohibiting medical marijuana dispensaries,
collectives, cooperatives and the cultivation of marijuana in any
zone.

Simmen stated that at issue for him was the provision in the
ordinance stating that cultivation can be done by qualified patients
or primary caregivers, but only inside. He cited what he believed
were possible problems with restricting cultivation to indoors,
including living space issues, lighting and energy cost issues and
the possible escalation of theft crimes occurring inside a residence,
among others.

Simmen stated that while he is against having dispensaries in Yreka,
he feels that with state law guaranteeing access for patients,
removing the indoor cultivation restriction would be safer.

City Attorney Mary Frances McHugh stated that a "significant body of
evidence" exists that supports the notion that marijuana plants
produce noxious odors and when planted outside can possibly invite a
public nuisance with regard to theft crimes.

After further discussion of whether or not the nuisance is increased
by restricting the cultivation to indoors, McHugh stated that both
the moratorium and the introduction of ordinance 817 would provide
the city with an opportunity to collect evidence and assess the
possible impacts of outright banning dispensaries.

When the items went to vote, ordinance number 816, "An Urgency
Ordinance of the City of Yreka adopting a Moratorium on Medical
Marijuana Dispensaries" was passed unanimously.

The second vote was to introduce Ordinance 817, meaning that it will
be referred to the Planning Commission for review and report. Simmen
made the motion to introduce the ordinance, with an alternative
provision eliminating the restriction to indoor cultivation, which
also passed unanimously.