PLANNERS TO REVIEW MARIJUANA ORDINANCE

Public Hearing Scheduled For April 13

As medical marijuana proponents nationwide hold their breath in
anticipation of a Supreme Court ruling, the city of Ukiah is plunging ahead
with a groundbreaking marijuana ordinance.

The Ukiah Planning Commission has scheduled a public hearing on the
proposed ordinance for April 13. That will bring renewed attention and
scrutiny to the multifaceted law.

Local lawmakers want to nudge pot growers into parts of the city
specifically zoned for commercial activity. If the ordinance passes,
backyard and other outdoor residential marijuana gardens would be illegal.

Several citizens have complained to the council about abuse of Proposition
215, the California law that permits the cultivation and use of marijuana
for medicinal purposes. Council members have heard examples of Ukiah
residents who flout the law for profit.

The business potential of growing marijuana might explain the city's
efforts to restrict cultivation to commercial zones. But representatives of
the Northern California chapter of the National Organization for Reform of
Marijuana Laws have countered that the ordinance goes too far.

They say the city has not struck a balance between providing for patients
and pulling the plug on profiteers. At the last public discussion of city
marijuana policy, two Northern California NORML representatives hinted that
a lawsuit would follow if the city enacted the ordinance as currently written.

But with Supreme Court justices preparing to rule in a Bay Area pot case,
the Ukiah ordinance could be magnified in the wake of a landmark decision.
An organization called the Drug Policy Alliance issued a press release
Monday saying a ruling is imminent in the case of Raich v. Ashcroft.

That case was brought by two California patients, and it challenges the
federal government's refusal to recognize marijuana as medicine. In
essence, federal drug laws conflict with those in the 10 states that permit
medical marijuana.

If the Supreme Court rules for the two California patients, "their victory
may dramatically redraw the lines of federal police powers and further
empower states and their individual citizens," the Drug Policy Alliance's
Daniel Abrahamson wrote.

On the other hand, if the justices reject the patients' argument, "the
status quo will almost certainly prevail," and "as a practical matter, the
average medical marijuana patient in compliance with their state law will
have little to fear from the federal police."

The status quo may not prevail in Ukiah, however. A handful of local
medical marijuana users have told The Daily Journal they support the city's
proposed ordinance.

City Attorney David Rapport said regulating the cultivation of marijuana in
California is a tricky proposition. He does not know of any other city that
is trying to use zoning laws to put growers in their place, wherever that
happens to be.

Because the ordinance involves land-use decisions, the Planning Commission
gets a look at it. Commissioners can make changes or suggestions, and in
two weeks the public will have another chance to comment on the ordinance.
Ultimately, though, the buck stops at the council.

At the urging of one of the council members, Rapport wrote a provision into
the ordinance that absolves the city from responsibility if an otherwise
compliant grower falls victim to federal prosecution.

"We've kind of built an out into the ordinance," he said. "The ordinance is
not intended to authorize anything that's prohibited under federal law."

As for the built-in lawsuit potential, Rapport said the dearth of
applicable case law in California clouds interpretation of a crucial part
of Proposition 215. That means Ukiah's ordinance could inspire a test case
of state law.

Not until the medical marijuana spotlight leaves the nine robed figures in
Washington, D.C., though.

"If Raich goes (in favor of) the feds, the city could argue the ordinance
is still more flexible than federal law," Rapport said. "There hasn't been
any test of using zoning authority to regulate cultivation. We'll see. It
would be a real interesting lawsuit."