Pubdate: Wed, 17 Nov 2010
Source: Chico Enterprise-Record (CA)
Copyright: 2010 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Toni Scott

CHICO COUNCIL DELAYS DECISION ON MARIJUANA DISPENSARIES

CHICO -- The Chico City Council delayed its decision on an ordinance
that would allow for medical marijuana dispensaries, choosing to hear
public testimony Tuesday night, but putting off a final decision on
the matter until Nov. 30.

The council was scheduled to consider an amendment to the city's
municipal code that would regulate residential marijuana grows, while
also specifying areas where dispensing collectives could be located
and potential restrictions on the facilities.

But with a full agenda and the clock nearing 10 p.m. at the conclusion
of the public hearing on the topic, the council decided to hold a
future special meeting to deliberate on the ordinance.

As it stands now, the municipal code does not address residential
medical marijuana grows and prohibits dispensing collectives.

Under the proposed ordinance, residential grows would be allowed, but
would be limited to a cultivation area no larger than 50 square feet.
All plants would have to be located five feet from a property line,
plants could not be visible from the public right of way and the
medical marijuana grown must be for the personal use of a qualified
patient living on the property.

A city permit would be required for an individual to grow medical
marijuana indoors.

Lighting used for growing marijuana could not exceed 1200 watts and
marijuana grows would not be permitted in a kitchen, bathroom or
primary bedroom.

As for collectives and cooperatives, the ordinance would allow  for
the cultivation, processing and distribution of marijuana in
manufacturing, light industrial and service commercial districts in
the city.

Dispensing collectives would be subject to a city administrative
permit, which would be reviewed annually. The permit process would be
overseen by the city chief of police and Planning Services director.

Criminal background checks would be required for all management
positions at dispensing collectives, in addition to a security plan.

On-site consumption of marijuana would be prohibited and facilities
would have to be located at least 300 feet from a day-care facility
and 1,000 feet from a school.

Hours of operation would be limited from 8 a.m. to 8
p.m.

Mark Wolfe, city planning services director, said the restrictions on
dispensing collectives may seem restrictive compared to other cities,
but said he believes it is in the best interest of Chico to proceed
with "conservative" regulations.

"We're dealing with a new type of land use that has inherent issues
and concerns," Wolfe said. "I believe our first step should be a
careful one with this particular use."

But some speakers said they would rather see Chico take a bolder leap
into the medical marijuana industry.

Jason Oh, president of Plant Properties Management - a company that
has proposed a 600,000-square-foot medical marijuana facility near the
Chico Municipal Airport - said the city should expand its vision of
dispensaries.

Oh and other individuals associated with the endeavor urged the
council to consider adding buildings near the airport to the list of
approved zoning areas for medical marijuana cultivation, distribution
and processing.

Oh, of Los Angeles, said he is ready to invest $20 million into the
local business, which he said would be a "substantial benefit" to Chico.

But Butte County District Attorney Mike Ramsey took issue with the
notion of dispensing collectives altogether.

Though he acknowledged that the ordinance is sufficient in addressing
residential marijuana grows, he said opening the doors to dispensaries
is criminal.

He said collectives and cooperatives are permitted under state law,
but added that in his legal opinion, there is no provision for
dispensaries.

"There is nothing in Prop. 215, nothing in SB 420 that allows
distribution and that makes that portion illegal," Ramsey said.

The entire ordinance is expected to be voted on in two weeks, with the
council also taking up the recommended termination of the agreement
for the Thursday Night Market at the special meeting.

The public hearing on the medical marijuana ordinance has been closed.
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MAP posted-by: Richard Lake