TOWN DRAFTS MEDICAL POT ORDINANCE

A committee at Town Hall has proposed a draft ordinance that would
restrict medical marijuana cultivation, processing and distribution
in the Town of Paradise.

The ordinance could become effective as soon as September of this
year if the Paradise Planning Commission approves it June 2 before
sending it to the Paradise Town Council in July. The town is now
under an emergency ordinance prohibiting cooperative medical
marijuana cultivation, processing and distribution until Jan. 11 2012.

Town Community Development Director Craig Baker said the draft
ordinance likely will change shape before it is finally adopted.

"This is a working, living document," Baker said, adding that there
is likely plenty of time to get the ordinance on the books before
January of next year.

Under the draft, the town will not regulate the number of plants
allowed to be grown, but rather the physical size of gardens to 50
square feet for the individual residential user. No more than 25
percent, or up to 1,500 square feet, of a commercial building may be
dedicated to a cooperative growing operation.

Outdoor gardens must be fenced and shielded from view of adjacent
properties, must be 75 feet from the nearest home, and 50 feet from
the nearest undeveloped lot, according to the draft document.

Collective growing, processing and distribution would be limited to
industrial services zoning - which exists only along Clark Road near
the south town limits. Those collectives would need to be 500 feet
from residential and community zonings, and 1,000 feet from public or
private daycare centers, schools, parks and recreation facilities.

For example, The Post, located in the town's industrial area, would
be in the correct zone but not far enough from the bowling alley and
golf course to allow growing. Butte County District Attorney Mike
Ramsey had not replied to an e-mail containing the 12-page document
and request for comment as of press time. Baker said the town also
had not received any comment about the ordinance from the DA. The
town's attorney, Dwight Moore "did most of the heavy lifting," Baker said.

"It's a minefield out there," Baker said. "It makes sense that the
attorney take this on."

In its current form, the ordinance would restrict industrial growing
to a few properties at the very south edge of town. Indoor
residential grows would also be restricted to 50 square feet, but
they would also require a permit and fee. Renters would also need
written consent from the property owner.

Those growing indoors would not be allowed outdoor plants and would
be limited to 1,200-watt lighting. According to L. Deans Hydroponic
Supplies, 1,200 watts is sufficient for about four plants, or about a
pound of marijuana.

Also, indoor gardens would be prohibited from using combustibles
including propane and butane, which L. Deans said fuel some Co2
generators. Under the draft, collectives would be required to go
through administrative permit review, including meeting the approval
of the Chief of Police.

All permits would be subject to town approval and could be revoked if
the growing affected the health or safety of anyone living at or
nearby the garden by creating mold, mildew, dust, glare, heat, noise,
odor, or other impacts. Industrial grows would also be prohibited
from allowing use of medical marijuana in or within 1,000 feet of the
building. They would not be able to sell or display paraphernalia,
nor would minors be allowed to enter unless accompanied by a parent
or guardian. Business hours would be from 8 a.m. to 6 p.m. daily only
and no prescription-writing physician could be employed.

The town would also have the right to inspect a cooperative
operation's client book for verification. Under the ordinance, all
existing pot grows would need to comply, and greenhouses would be
considered indoor gardens. The draft document will be passed to the
Paradise Planning Commission for review on June 2 at 6 p.m. at Town
Hall, 5555 Skyway.