MAINTAINING BALANCE: DRAFT MEDICAL MARIJUANA ORDINANCE SENT TO
PLANNING COMMISSION ON 6-1 VOTE

CHICO -- For the Chico City Council, the issue of medical marijuana
is definitely one of balance.

With speakers raising issues of public safety and safe access to
medicine Tuesday night, the prominent theme throughout the council's
meeting was finding a perfect equilibrium for Chico when it comes to
medical marijuana residential grows and dispensing collectives.

And at least on some level, Councilor Jim Walker said the draft
ordinance the council voted 6-1 to forward to the Planning Commission
achieves that proportion.

"It sounds like both sides are equally unhappy," Walker said, jovially.

With all humor aside, the ordinance is certainly something of compromise.

Following the council's request, City Attorney Lori Barker crafted
the nine-page document that addresses concerns residents expressed
over the smell of outdoor marijuana grows while identifying locations
that medical marijuana dispensaries may be located with the city.

Under the ordinance, the cultivation area for residential outdoor
grows would be limited to 50 square feet and all plants would have to
be at least five feet from the property line and within an enclosed
side or backyard. All marijuana cultivated on a property would have
to be for the personal use of a qualified patient living on the property.

The indoor cultivation of marijuana would also be regulated under the
ordinance, but would require a permit and the permission of the property owner.

The ordinance also addresses the cultivation, processing and
distribution of medical marijuana by collectives or cooperatives,
which would be permitted to occur in light manufacturing and
industrial zones as well as general manufacturing and industrial zones.

Distribution facilities would be permitted in areas zoned for
commercial services, which includes portions of East Park Avenue and
use permits would be subject to annual review.

No facility could be located within 300 feet of any residential
zoning district or 1,000 feet of any school.

Yet the restrictions on the location of dispensing collectives and
outdoor residential grows was not prohibitive enough for some members
of the council as well as the public.

Speaking on behalf of District Attorney Mike Ramsey, Butte County
Sheriff's Office Sgt. Steve Collins said the ordinance was "fatally
flawed" and could increase crime in the area.

Addressing residential marijuana cultivation, Councilor Larry Wahl
suggested permits be issued for outdoor as well as indoor grows,
saying residential cultivation increases the prevalence of home
invasion robberies.

"Which becomes more important? The right to grow this stuff or the
fear of living in your own home?" Wahl asked.

Still, Dylan Tellesen, a local artist and executive director of
Citizen Collective -- a medical marijuana cooperative seeking to open
a legitimate dispensary in Chico -- said although public safety and
the rights of homeowners are important in the ordinance discussion,
the perspective of medical marijuana patients should be the most prominent.

"We have to look through this through a lot of lenses," Tellesen
said. "I think the main lens we need to look through is that of the patient."

Weighing the needs of medical marijuana patients with the concerns of
law enforcement officials, the council directed Barker to include
restrictions in the ordinance on the number of dispensaries allowed
in the city. The council also asked her to re-evaluate the 50 square
foot restriction on outdoor grows.

With Wahl dissenting, the council forwarded the ordinance with those
changes to the Planning Commission, which at the earliest, will
review the matter in June.

Yet as much as the commission will be looking at medical marijuana
from a land-use perspective, Wahl said the issue is ultimately one
that impacts the very harmony of Chico and its residents.

"It's an issue of what's right or wrong," Wahl said. "What is right
for the general welfare of the community and what is wrong for it."