CORNING EXTENDS POT BAN ORDINANCE

It has been more than 11 months since the Corning City Council
approved an emergency interim ordinance banning medical marijuana
dispensaries, collectives or cooperatives.

That ban could be extended for one more year.

The ordinance was created as the city's response to Ken and Kathy
Prather's opening of Tehama Herbal Collective, or THC, a medical
marijuana dispensary, on Solano Street.

City Planner John Stoufer told the City Council on Tuesday there are
several court cases in the appeals process that could be relevant to
how the city attempts to regulate the distribution of medical
marijuana through zoning standards.

He also pointed out the California Marijuana Legalization Initiative,
which, if approved by voters in November, would legalize the
recreational use of marijuana.

"In addition to considering adopting regulations for the distribution
of medical marijuana, the city may have to consider adopting
regulations for the distribution of marijuana for recreational use,"
Stoufer said.

He explained that during the June 15, Planning Commission meeting,
the commission agreed by consensus, due to pending court cases and
the ballot measure, it would be in the best interest of the city to
extend the interim ordinance.

"It would give staff, the commission, and council more time to
consider all relevant facts and laws associated with the distribution
of marijuana prior to adopting a permanent ordinance," the city
planner said.

The City Council, by consensus, agreed with the commission's
recommendation and gave Stoufer instructions to schedule the required
public hearing for the council to consider the one year extension.

Because the extension requires a four person vote of approval, and
Councilman Ross Turner will be absent from the July 13 meeting, the
public hearing is tentatively scheduled for July 27.

In the meantime, with the emergency interim ordinance intact, the
operators of Tehama Herbal Collective continue to be issued citations
from the city on a daily basis stating they are in violation of city
zoning codes.

The Prathers have been receiving the citations since Aug. 13, when
police Chief Tony Cardenas and one of his officers informed them they
were in violation of a city zoning ordinance and "are hereby ordered
to immediately discontinue the operation of a medical marijuana
collective."

So far, the Prathers have refused to close their pot distribution
business and the case is currently before Judge Richard Scheuler in
Tehama County Superior Court, who has scheduled the case trial for
September.

The Prathers are also involved in a class action suit filed against
Tehama County concerning the county's medical marijuana cultivation
ordinance approved in March.