ANDERSON COUNCIL TO CONSIDER TOUGH MARIJUANA RULES

The Anderson City Council tonight will consider one of the most
stringent ordinances controlling the cultivation of medical marijuana
in Northern California.

A draft ordinance had been prepared in February by the city's Planning
Commission, but the council delayed considering the ordinance until
after the November election due primarily to Prop. 19. If passed,
Prop. 19 would have legalized recreational use of marijuana throughout
California.

After Prop. 19 failed and a series of public complaints were lodged at
the end of the outdoor growing season last fall, the council reopened
the issue, City Manager Dana Shigley said in notes accompanying her
staff report on the proposed law.

Shigley said the city's code enforcement department has received three
written complaints and 10 oral complaints about medical marijuana
gardens through the code enforcement department since December.

Medical marijuana use and gardens were legalized in 1996 with the
passage of Prop. 215.

The proposed ordinance would prohibit cultivation of medical marijuana
inside any building used as a residence and prohibit any outdoor
gardens within city limits.

The law would allow medical marijuana to be grown inside a
50-square-foot outbuilding that meets city, state and federal building
codes, but only by a qualified patient who occupies the main residence
on the same property as the outbuilding intended for
cultivation.

The outbuilding would have to be located in the rear yard with at
least a 10-foot setback from the sides and rear property lines and
from any other building on the parcel.

All electrical and plumbing connections to the outbuilding would have
to meet city codes and follow the city's permit process. Lighting
inside the outbuilding could not exceed 1,200 watts and the structure
would have to be ventilated with odor control filters.

Building permits for accessory buildings would only be issued to the
property owner, so renters would have to get written permission from
the property owner before obtaining permits.

A copy of the medical-marijuana patient's current and valid
state-issued ID card would have to be available upon request of any
code enforcement officer or police officer.

Any medical marijuana grown in the outbuilding could be used only by
the qualified patient and could not be transferred, given or sold to
another person, including a medical-marijuana dispensary.

Also, cultivation of medical marijuana would be prohibited within 100
feet of any hospital, school, church, park or playground or in other
areas where large numbers of minors regularly travel or congregate,
including city parks or other commercial structures open to the public.

Violations of the ordinance would be considered criminal infractions,
with fines of $50 for the first violation, $100 for the second and
$250 for each violation thereafter.

Each day that a violation existed or was committed could be a separate
offense.

"We believe that compliance with the ordinance would result in very
few neighborhood complaints, as few people should know that
cultivation is occurring," Shigley said.

"Because the cost of installing the necessary lighting, irrigation
systems, outbuildings, security systems, etc., we believe this
ordinance will have the effect of reducing the number of people who
cultivate marijuana at their place of residence, while still
preserving the rights of qualified patients to cultivate marijuana
safely and without disrupting the neighborhood," Shigley's report said.