Pubdate: Fri, 25 Jun 2010
Source: Corning Observer (Corning, CA)
Copyright: 2010 Freedom Communications
Contact: http://www.corning-observer.com/sections/letters-to-editor/
Website: http://www.corning-observer.com/
Details: http://www.mapinc.org/media/5071
Author: Julie R. Johnson

CORNING EXTENDS POT BAN ORDINANCE

It has been more than 11 months since the Corning City  Council
approved an emergency interim ordinance banning  medical marijuana
dispensaries, collectives or  cooperatives.

That ban could be extended for one more year.

The ordinance was created as the city's response to Ken  and Kathy
Prather's opening of Tehama Herbal  Collective, or THC, a medical
marijuana dispensary, on  Solano Street.

City Planner John Stoufer told the City Council on  Tuesday there are
several court cases in the appeals  process that could be relevant to
how the city attempts  to regulate the distribution of medical
marijuana  through zoning standards.

He also pointed out the California Marijuana  Legalization Initiative,
which, if approved by voters  in November, would legalize the
recreational use of  marijuana.

"In addition to considering adopting regulations for  the distribution
of medical marijuana, the city may  have to consider adopting
regulations for the  distribution of marijuana for recreational use,"
Stoufer said.

He explained that during the June 15, Planning  Commission meeting,
the commission agreed by consensus,  due to pending court cases and
the ballot measure, it  would be in the best interest of the city to
extend the  interim ordinance.

"It would give staff, the commission, and council more  time to
consider all relevant facts and laws associated  with the distribution
of marijuana prior to adopting a  permanent ordinance," the city
planner said.

The City Council, by consensus, agreed with the  commission's
recommendation and gave Stoufer  instructions to schedule the required
public hearing  for the council to consider the one year extension.

Because the extension requires a four person vote of  approval, and
Councilman Ross Turner will be absent  from the July 13 meeting, the
public hearing is  tentatively scheduled for July 27.

In the meantime, with the emergency interim ordinance  intact, the
operators of Tehama Herbal Collective  continue to be issued citations
from the city on a  daily basis stating they are in violation of city
zoning codes.

The Prathers have been receiving the citations since  Aug. 13, when
police Chief Tony Cardenas and one of his  officers informed them they
were in violation of a city  zoning ordinance and "are hereby ordered
to immediately  discontinue the operation of a medical marijuana
collective."

So far, the Prathers have refused to close their pot  distribution
business and the case is currently before  Judge Richard Scheuler in
Tehama County Superior Court,  who has scheduled the case trial for
September.

The Prathers are also involved in a class action suit  filed against
Tehama County concerning the county's  medical marijuana cultivation
ordinance approved in  March. 
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