Pubdate: Fri, 20 Nov 2009 Source: Siskiyou Daily News (Yreka, CA) Copyright: 2009 GateHouse Media, Inc. Contact: http://www.siskiyoudaily.com/ Details: http://www.mapinc.org/media/668 Author: David Smith Bookmark: http://www.mapinc.org/topic/dispensaries Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States) YREKA BANS MARIJUANA DISPENSARIES Yreka, Calif. - The public had a chance to weigh in on a possible moratorium on medical marijuana dispensaries Thursday night as the Yreka City Council held its regularly scheduled meeting with two related ordinances up for discussion. The first commenter from the public told the council that she had tried various prescriptions for health problems and problems with sleep. She stated that while on certain medications she had been at risk for bodily harm, in one instance driving in her sleep and crashing her car. The woman stated that after receiving a prescription for medicinal marijuana she has not experienced sleep problems and has dropped a number of her other prescription medications. She added that she believes a dispensary similar to the Hearts of Mt. Shasta collective in the city of Mount Shasta would benefit the city of Yreka and its citizens. Next at the podium was the founder of Hearts of Mt. Shasta, Chris Witcher, who said that he had gone to the city of Mount Shasta and had been cleared to operate a dispensary there. He said that along with the 24 people who the dispensary has provided for, he works with the local police department in providing gas vouchers for drivers in need and has started a food bank, all using money the dis-pensary earns. "We just want to help the community," Witcher said. The next man, a Yreka resident, said that he applauded the city for looking at the issue, saying, "I do not want pot sellers in my town." The man continued by stating that he does not believe that empty storefronts should lead to the town being filled with tattoo parlors, pot sellers and porn shops. He also stated that he believes the people of Yreka want to see "hometown values" in the city. Yreka Police Chief Brian Bowles also spoke during the comment period, encouraging the council to evaluate the information he provided regarding the issue, ending by stating that he is in full support of a moratorium and ban on dispensaries. A number of other members of the public also spoke, both those in support and those not in support of the moratorium proposed by the city. Upon the closing of the public comment period, councilmember David Simmen stated that he believes a provision in the second ordinance may create more of a nuisance if it is included. Specifically, he referred to ordinance number 817, which would amend the Yreka Municipal Code by prohibiting medical marijuana dispensaries, collectives, cooperatives and the cultivation of marijuana in any zone. Simmen stated that at issue for him was the provision in the ordinance stating that cultivation can be done by qualified patients or primary caregivers, but only inside. He cited what he believed were possible problems with restricting cultivation to indoors, including living space issues, lighting and energy cost issues and the possible escalation of theft crimes occurring inside a residence, among others. Simmen stated that while he is against having dispensaries in Yreka, he feels that with state law guaranteeing access for patients, removing the indoor cultivation restriction would be safer. City Attorney Mary Frances McHugh stated that a "significant body of evidence" exists that supports the notion that marijuana plants produce noxious odors and when planted outside can possibly invite a public nuisance with regard to theft crimes. After further discussion of whether or not the nuisance is increased by restricting the cultivation to indoors, McHugh stated that both the moratorium and the introduction of ordinance 817 would provide the city with an opportunity to collect evidence and assess the possible impacts of outright banning dispensaries. When the items went to vote, ordinance number 816, "An Urgency Ordinance of the City of Yreka adopting a Moratorium on Medical Marijuana Dispensaries" was passed unanimously. The second vote was to introduce Ordinance 817, meaning that it will be referred to the Planning Commission for review and report. Simmen made the motion to introduce the ordinance, with an alternative provision eliminating the restriction to indoor cultivation, which also passed unanimously. - --- MAP posted-by: Richard Lake