STUCK ON THE POT

Chico City Council Postpones a Decision on Medical-Cannabis Ordinance

More of the same.

That's the gist of what happened during the Chico City Council's
regular meeting Tuesday evening (Nov. 16), as the panel heard
testimony from the public on the proposed municipal-code amendments
designed to regulate the growing, processing and distribution of
medical cannabis within the city.

With Councilman Larry Wahl absent, the six remaining council members
listened to a couple of dozen people, mostly medi-pot advocates, but
also local law-enforcement personnel, including Butte County District
Attorney Mike Ramsey. The 24 speakers weighed in during the public
hearing with many of the same thoughts, opinions and ideas heard in
council chambers over the past year as the City Council and Planning
Commission have attempted to address the issue.

The council members had before them a proposal that would allow for
limited cultivation in residential zones, cultivation and processing
of the herb in general-manufacturing and light-industrial zoning
districts, and also distribution in the latter regions as well as
service-commercial districts. Of course, there were caveats in the
proposed ordinance-too many to list. Such facilities would be
prohibited within 300 feet of an existing daycare center or
residential region, and also within 1,000 feet of any school, for example.

Planning Services Director Mark Wolfe explained to the council how
city staff had done extensive research on the subject of medical
marijuana, including looking at ordinances adopted in other
California cities. He noted that, because the city is entering into
new land-use territory, city staff crafted a conservative proposal.

"I believe our first step should be a careful one," he said.

Indeed, while pot dominated the meeting and ended up crowding out
many of the remaining issues on a packed agenda, including a
controversial item on the possible termination of the city's
franchise agreement with the Downtown Chico Business Association for
the Thursday Night Market, the council did not come to a resolution.
Instead, as the meeting edged close to 10 p.m., the panel agreed to
postpone a decision, and scheduled a special meeting for Nov. 30.

Councilman Andy Holcombe was one of the most vocal members on the
dais during the evening. And straight away he played devil's
advocate, asking city staff why medical marijuana had not been
treated as a land-use decision would for, say, a homeopathy facility
or some similar alternative-health practice.

"Treat it for what it is-a processed medical herb," he offered.

Wolfe acknowledged that this was a good question. He said the city
opted for erring on the side of caution since marijuana is primarily
used recreationally and also because it remains a "Schedule I" drug
at the federal level. It's important, he said, to have some sort of
control over distribution.

Distribution of the drug is the reason Ramsey showed up at the
meeting, flanked by deputy district attorneys Jeff Greeson and Helen
Harberts. Ramsey did not appear to have a problem with the ordinance
in regard to individual residential cultivation and some forms of
cooperatives/collectives. His main concern was with the dispensaries,
which he contended are not permitted under Proposition 215 or its
companion bill, SB 420.

He made the distinction that marijuana is not legal, but rather that
the state has granted seriously ill patients limited immunity against
prosecution for cultivation and possession of the herb. He also noted
that people have taken advantage of the Compassionate Use Act, citing
statistics gathered from his late-June raid on Chico dispensaries
showing that half of the recommendations on file were from patients
under age 30. Twenty percent were under 21, he said.

"Either we have a very sick community or we have a lot of fraud," he said.

Ramsey and his crew were the only speakers who opposed the proposed ordinance.

Earlier in the meeting, Jason Oh, a founding partner of Plant
Properties Management (PPM), talked briefly about his purported $20
million project to cultivate medical-grade cannabis in the
600,000-square-foot former Koret building at the Chico Municipal
Airport, which, as the draft ordinance stands, is not a suitable
location for this type of operation. Los Angeles-based Oh and his
three associates said the company would bring not only jobs to Chico,
but also transparency to the cultivation process, including ensuring
that the marijuana is free of any contaminants, such as pesticides.

But the group's pitch was met with resistance, particularly from
folks affiliated with already-established dispensaries and collectives.

Chico-based lobbyist Max Del Real, who has been working with local
group Citizen Collective in its efforts to open a dispensary,
encouraged the city to limit the number of dispensaries to two,
noting that Oakland has just four. He said the Los Angeles region is
a poor model and called PPM's plan a bad idea.

"What happens when you don't have regulation is you leave yourself
open to victimization," he said.