Pubdate: Thu, 18 Nov 2010
Source: Chico News & Review, The (CA)
Copyright: 2010 Chico Community Publishing, Inc.
Contact:  http://www.newsreview.com/chico/
Details: http://www.mapinc.org/media/559
Author: Melissa Daugherty
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

STUCK ON THE POT

Chico City Council Postpones a Decision on Medical-Cannabis Ordinance

More of the same.

That's the gist of what happened during the Chico City Council's 
regular meeting Tuesday evening (Nov. 16), as the panel heard 
testimony from the public on the proposed municipal-code amendments 
designed to regulate the growing, processing and distribution of 
medical cannabis within the city.

With Councilman Larry Wahl absent, the six remaining council members 
listened to a couple of dozen people, mostly medi-pot advocates, but 
also local law-enforcement personnel, including Butte County District 
Attorney Mike Ramsey. The 24 speakers weighed in during the public 
hearing with many of the same thoughts, opinions and ideas heard in 
council chambers over the past year as the City Council and Planning 
Commission have attempted to address the issue.

The council members had before them a proposal that would allow for 
limited cultivation in residential zones, cultivation and processing 
of the herb in general-manufacturing and light-industrial zoning 
districts, and also distribution in the latter regions as well as 
service-commercial districts. Of course, there were caveats in the 
proposed ordinance-too many to list. Such facilities would be 
prohibited within 300 feet of an existing daycare center or 
residential region, and also within 1,000 feet of any school, for example.

Planning Services Director Mark Wolfe explained to the council how 
city staff had done extensive research on the subject of medical 
marijuana, including looking at ordinances adopted in other 
California cities. He noted that, because the city is entering into 
new land-use territory, city staff crafted a conservative proposal.

"I believe our first step should be a careful one," he said.

Indeed, while pot dominated the meeting and ended up crowding out 
many of the remaining issues on a packed agenda, including a 
controversial item on the possible termination of the city's 
franchise agreement with the Downtown Chico Business Association for 
the Thursday Night Market, the council did not come to a resolution. 
Instead, as the meeting edged close to 10 p.m., the panel agreed to 
postpone a decision, and scheduled a special meeting for Nov. 30.

Councilman Andy Holcombe was one of the most vocal members on the 
dais during the evening. And straight away he played devil's 
advocate, asking city staff why medical marijuana had not been 
treated as a land-use decision would for, say, a homeopathy facility 
or some similar alternative-health practice.

"Treat it for what it is-a processed medical herb," he offered.

Wolfe acknowledged that this was a good question. He said the city 
opted for erring on the side of caution since marijuana is primarily 
used recreationally and also because it remains a "Schedule I" drug 
at the federal level. It's important, he said, to have some sort of 
control over distribution.

Distribution of the drug is the reason Ramsey showed up at the 
meeting, flanked by deputy district attorneys Jeff Greeson and Helen 
Harberts. Ramsey did not appear to have a problem with the ordinance 
in regard to individual residential cultivation and some forms of 
cooperatives/collectives. His main concern was with the dispensaries, 
which he contended are not permitted under Proposition 215 or its 
companion bill, SB 420.

He made the distinction that marijuana is not legal, but rather that 
the state has granted seriously ill patients limited immunity against 
prosecution for cultivation and possession of the herb. He also noted 
that people have taken advantage of the Compassionate Use Act, citing 
statistics gathered from his late-June raid on Chico dispensaries 
showing that half of the recommendations on file were from patients 
under age 30. Twenty percent were under 21, he said.

"Either we have a very sick community or we have a lot of fraud," he said.

Ramsey and his crew were the only speakers who opposed the proposed ordinance.

Earlier in the meeting, Jason Oh, a founding partner of Plant 
Properties Management (PPM), talked briefly about his purported $20 
million project to cultivate medical-grade cannabis in the 
600,000-square-foot former Koret building at the Chico Municipal 
Airport, which, as the draft ordinance stands, is not a suitable 
location for this type of operation. Los Angeles-based Oh and his 
three associates said the company would bring not only jobs to Chico, 
but also transparency to the cultivation process, including ensuring 
that the marijuana is free of any contaminants, such as pesticides.

But the group's pitch was met with resistance, particularly from 
folks affiliated with already-established dispensaries and collectives.

Chico-based lobbyist Max Del Real, who has been working with local 
group Citizen Collective in its efforts to open a dispensary, 
encouraged the city to limit the number of dispensaries to two, 
noting that Oakland has just four. He said the Los Angeles region is 
a poor model and called PPM's plan a bad idea.

"What happens when you don't have regulation is you leave yourself 
open to victimization," he said. 
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MAP posted-by: Richard Lake