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. 
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MAP posted-by: Richard Lake