ANDERSON COUNCIL STRENGTHENS, UNANIMOUSLY ADOPTS ORDINANCE REGULATING
CULTIVATION OF MEDICAL MARIJUANA

Distance From Cultivation to Public Areas With Children Tripled to 300 Feet

Following more than a hour of background and public testimony, then
another 10 minutes of open debate, Anderson's five-member city
council unanimously introduced on first reading an ordinance
regulating the cultivation of medical marijuana within city limits.

But first, they agreed to make the already stringent ordinance even
tougher by tripling the distance -- from the original restriction of
100 feet to a new distance of 300 feet -- between a cultivation site
and any public area, park, school, church or business frequented by children.

The third-floor council chambers in city hall were nearly filled to
capacity Tuesday, Jan. 4, when Mayor Norma Comnick opened a public
hearing on the matter at 7:42 p.m. following 26 minutes of background
from City Manager Dana Shigley.

Of the nearly two dozen audience members who spoke publicly, some for
quite a bit longer than the five minutes Mayor Comnick originally set
as the limit, all but five people urged the council to either ban the
cultivation of medical marijuana altogether or strengthen the
proposed ordinance even further with larger setbacks.

In drafting the ordinance, Shigley said staff members including City
Attorney Michael Fitzpatrick had compared Anderson's proposed
ordinance to those already in place in Arcata, Gridley, Shasta Lake
City, Redding, Chico, Corning, Red Bluff and Fresno County.

"None of the cities contacted . . . have completely banned
cultivation for personal use in residential districts," Shigley said.
"We can find no city that enacted a permanent 'ban' on residential
cultivation of marijuana because of the clear conflict with the
provisions of the" Compassionate Use Act of 1996, she added.

Cities and counties that do so risk facing lawsuits that would be
expensive and virtually impossible to win, City Attorney Fitzpatrick
again reminded the council and audience members alike more than once
throughout the evening.

"I do understand the concern of legal costs and I heard a figure
somewhere of upwards of $30,000," said Tim Azevedo, superintendent of
the Anderson Union High School District and the first speaker to
address the council. "However, if we are going with an ordinance.
Let's put some teeth into it. A 100-foot setback from a school isn't
very much. And a $50 fine seems like a small amount. Why aren't we
imposing the largest fine possible?" Azevedo asked.

Fitzpatrick explained that any distance chosen would require
substantiation that anything less constituted a real threat, and that
$50 for a first infraction of a criminal infraction is the maximum
allowed for code enforcement actions not requiring the services of a
District Attorney.

One of those making the case for medical marijuana patients was
former mayor and council member Rodney Jones.

"I contend that this ordinance is a sanction on me as a patient. This
ordinance is not legal," said Jones, who accused the council of
conspiring to have him arrested.

"I agree that there's a bunch of idiots out there who are growing.
There are ways to mitigate odors. There are strains that do not smell
as strong and can be grown low to the ground," Jones said after
Comnick reminded him his time limit had been exceeded.

As Jones attempted to continue speaking, Comnick signaled to have the
podium microphone turned off.

"Rod, you've been a council member. You know the rules. Your time is
up," the Mayor said forcefully.

The ordinance, which will be brought back to the council in two weeks
for adoption on a second reading, takes effect in 30 days, by Feb.
18, well before most medical marijuana patients would be planting
next year's crop, Fitzpatrick said.

Any cultivation inside a residence is prohibited under the ordinance,
as are all outdoor cultivation practices. The ordinance defines
cultivation to mean the planting, growing, harvesting, drying or
processing of marijuana plants or any part thereof.

Cultivation can only take place in a 50-square foot backyard
outbuilding built to code and city permit.

Only a medical marijuana patient, a person 18 or older with a
doctor's valid recommendation to use, possess and cultivate medical
marijuana, or that patient's caregiver would be allowed to cultivate.

And any accessory structures used for cultivation shall meet the
following criteria:

The building shall be provided with locking doors and have a working
security system. The alarm shall be a standard audible residential
alarm of at least 90 dBA (decibels) but not exceeding 110 dBA and
shall meet the requirements of Chapter 9.68 of the Municipal Code.

If the building is a greenhouse, then it shall additionally be
surrounded by a secure solid six (6) foot high fence located within
ten (10) feet of the greenhouse and equipped with a lockable gate.