Pubdate: Sun, 15 Aug 2010 Source: Times-Standard (Eureka, CA) Copyright: 2010 Times-Standard Contact: http://www.times-standard.com/writeus Website: http://www.times-standard.com/ Details: http://www.mapinc.org/media/1051 Author: Allison White EUREKA MEDICAL MARIJUANA ORDINANCE IN EFFECT SEPT. 3 Increase in city workload expected for enforcement With the Eureka medical marijuana ordinance adopted last week, residents and city staff are looking to Sept. 3, when it goes into effect, to see exactly what it will mean for the city. The ordinance provides guidelines for residential cultivation by qualified patients and for commercial enterprises looking to cultivate, process and dispense the drug, along with limiting the number of commercial facilities in city limits. Before the ordinance was approved, the Eureka City Council had enacted a moratorium on dispensaries and commercial cultivation and processing, effectively suspending the operations until the ordinance was crafted and adopted. Eureka's medical marijuana ordinance was based on a similar one passed in Arcata. However, Arcata already had four dispensaries in the city limits before the ordinance was adopted, said Arcata Community Development Deputy Director David Loya. The ordinance allowed the city to create guidelines for current and future cooperatives and collectives to follow. "It gives us some standards by which to judge these operations," along with providing standards for individual patient grows, Loya said. "I think it's effective." Eureka's ordinance serves a similar purpose by providing standards for patients and collectives to follow. Since the Arcata ordinance was adopted, Loya said he hasn't seen a significant increase in the number of complaints about possibly illegal residential grows. The medical marijuana ordinances in Arcata and Eureka take a land use approach to the issue, which puts the responsibility of handling noncompliant grows in the hands of the Community Development Department. The workload for Eureka's Community Development Department is anticipated to increase, and Eureka Police Chief Garr Nielsen said, at least initially, the ordinance will also impact his department. It will take teamwork across a number of city departments to make the ordinance work, he said. "It certainly will not lessen the work for law enforcement, at least at first," Nielsen said. Police officers are often the ones who come across marijuana grows, and they will have to determine whether it appears to fit the ordinance or whether they need to submit a report to Community Development. "But it will make it easier for us, because it gives us some tools we didn't have before," Nielsen said. Eureka's ordinance also anticipates future changes in the law regarding marijuana. If legalized for personal use, such as with Proposition 19 in November, its limits will apply to both medical and personal grows. The ordinance in Arcata would have to be amended to cover personal use grows, if they are legalized statewide. One aspect of both city ordinances is that nothing is "grandfathered in" -- current qualified patient grows in residential spaces will have to come into compliance with Eureka's standards, Community Development Director Sidnie Olson said. "You may believe you have a legal 215 grow, but on Sept. 3, if you don't meet the ordinance, it's not legal," Olson said. Growing medical marijuana can only occur in the residence where the patient lives, and the garden must be 50 square feet, or less. Lighting cannot exceed 1,200 watts, and there must be no external evidence of marijuana cultivation, according to the ordinance. Eureka's ordinance allows for four cultivation and processing facilities within the city, and each of those can have two dispensaries. Additionally, two dispensaries that do not have cultivation facilities in town can open up in Eureka. Although Arcata's ordinance allows for four cooperatives and collectives, that number will be knocked down to two if any of the current facilities close, Loya said. With the previous moratorium in Eureka, dispensaries and commercial cultivation facilities will not have to attempt to come into compliance after the fact, as the Arcata dispensaries did. Humboldt Patient Resource Center Director Mariellen Jurkovich said the ordinance has impacted her business by requiring her to apply for conditional use permits. She said she was glad the ordinance was adopted to provide standards and guidelines, most of which her operation was already following, but applying for permits and then waiting through the process has been difficult. "I'm trying to do what they want," she said. "It's better to cooperate with your city." She said she has been paying rent on a new facility that would expand the center's cultivation capabilities in the recommended light industrial zoning, but she has not yet been able to use it. Her conditional use permits are still pending after eight months. "We'll all work it out, I'm sure, but I wish it would hurry," Jurkovich said. For information on the city of Eureka's ordinance, visit http://www.ci.eureka.ca.gov/ or call Community Development at 441-4160. - --- MAP posted-by: Matt