MARIJUANA GARDEN LIMITS TAKING SHAPE

ORLAND - As it looks now, there won't be any marijuana dispensaries
in Orland, and people who grow medicinal marijuana will need to
follow careful guidelines so the plants are away from the eyes and
noses of their neighbors.

Although California law allows use of marijuana for certain medical
reasons, many communities have been watching closely to see how
others have navigated the issue.

In 2009, the Orland City Council voted for a short-term ban on
dispensaries, and those rules have since expired.

Council members watched as the city of Chico worked on rules for
dispensaries, then received pressure from the federal government not
to allow them. But state rules allow people to grow a small number of
plants for their personal use, with a doctor's recommendation.

Orland is looking to adopt rules that would map out a nuisance
ordinance. A primary concern is people learning about a marijuana
grow and stealing it, councilors said. Also, neighbors don't want to
smell the plants, which stink near the time of harvest.

Under the proposed rules, which will be talked about again in
February, people who grow can't do so inside their homes. The grow
area is limited to 50 square feet and must be within a secured
structure. If that's a green-house, there must be a fence around it.
Also, alarms are required to prevent theft.

The point is have the grow neither visible, nor detectable by smell,
officials said during Tuesday's City Council meeting.

"The way it is set forth, there will be a pretty short fuse," said
the city's attorney, Greg Einhorn.

Normally, the city gives 10 days' notice for violations of nuisance
rules, then another 10 days before the city goes in to fix things.
But giving a full 20 days from the time marijuana scent was noticed
would be enough time for the harvest to come and go, the city's attorney said.

The proposed rule would give a 48-hour notice, and then a hearing
before the mayor or City Council.

Proposed fines are $1,000 a day.

Mayor Wade Elliott asked Police Chief J.C. Tolle if he liked the
proposal. Tolle said requiring a structure is especially useful, as
his department has had cases of teens driving around with stolen
marijuana plants.

"The point is we're providing an opportunity for medical marijuana
plants," if people comply with the law, Elliott said. The rules also
protect the public from a public nuisance and theft, he said.

The Planning Commission for the Glenn County Board of Supervisors
also recently reviewed the issue. Next month supervisors will
consider rules for personal medical use, including having a solid
fence and needing property owner permission. Dispensaries would also
not be allowed.

In other Orland news, the City Council had planned to go over the
city's General Plan Tuesday. However, the public hearing has been
rescheduled to Feb. 21.

Documents on the General Plan are available at City Hall (also on
disc), the city library and online at: cityoforland.com. Click on
"residents," then click "zoning ordinance," then scroll down to "documents."