Pubdate: Fri, 20 May 2011 Source: Corning Observer (Corning, CA) Copyright: 2011 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, Tri-County Newspapers COMMISSION RECOMMENDS POT SHOP BAN It didn't take long for the Corning Planning Commission to recommend an ordinance to the City Council that would ban medical marijuana dispensaries. The commission came to the unanimous decision during Tuesday's public hearing following only a few minutes of discussion. Planning Director John Stoufer told the commission the city had until July 6 to have an ordinance in place if it planned on doing so before its interim ordinance banning dispensaries sunsets on Aug. 6. "Once an ordinance is adopted by the City Council it takes 30 days before it goes into affect," Stoufer explained. The ordinance will now go before the City Council on June 14. Stoufer said the city ad hoc committee responsible for creating the ordinance first defined what is a medical marijuana dispensary. The commission agreed with that definition, which states a dispensary is a medical marijuana collective, cooperative, etc., that either has a storefront or mobile outlet of the type that ordinarily requires a local business license, or has four or more members, patients or customers. "This permits three patients to associate, cultivate and distribute medical marijuana among themselves," Stoufer said. "Anymore than that and it falls under the definition of dispensary." According to the planning director, the ad hoc committee didn't draw the number three out of the air, but used the city's medical marijuana cultivation ordinance to come to that conclusion. Commission Chairman Ryan Reilly agreed with Stoufer's comments that the city's marijuana cultivation ordinance, which allows medical marijuana to be grown within an enclosed 120-square-foot area, is sufficient to handle the marijuana cultivation of three patients. Stoufer re-emphasized to the committee that the ordinance is not about the legality of medical marijuana use, but zoning codes within the Corning. The ordinance reads in part, "Notwithstanding any other provision of this Code, the establishment, development, construction, maintenance, or operation of a Marijuana Dispensary is hereby prohibited, and is not a permitted or conditionally permitted use in any Zoning district, even if located within an otherwise permitted use." It also states the city will not approve of any application for a building permit, use permit, variance or any other entitlement concerning marijuana dispensaries. Enforcement of the ordinance includes medical marijuana dispensaries being considered a public nuisance, and that they will be abated by the city through a summary abatement procedure. There were no comments from the public during the hearing. - --- MAP posted-by: Richard R Smith Jr.