Pubdate: Sun, 02 Sep 2012
Source: Record Searchlight (Redding, CA)
Copyright: 2012 Record Searchlight
Contact:  http://www.redding.com/
Details: http://www.mapinc.org/media/360
Author: Sean Longoria

PROPOSED CHANGES TO SHASTA LAKE MEDICAL POT GROWING RULES SEEK TO 
KEEP CITY IN THE CLEAR

Proposals Aim to Keep City in Clear

SHASTA LAKE - The city Tuesday will weigh changes to its medical 
marijuana growing codes that, if nothing else, should keep Shasta 
Lake safe from federal intervention.

The proposed changes will eliminate permit requirements for any 
grower who distributes to collectives or cooperatives and an approval 
process for exception to the city's growing rules, Development 
Services Director Carla Thompson said in a staff report.

Thompson is recommending the changes to remove any language that 
could be interpreted by the federal government as the city 
facilitating marijuana use, she said.

Tuesday's public hearing comes after the California Supreme Court 
last month dismissed a case that began much of the acrimony in Shasta 
County over medical marijuana rules.

An appellate court in Pack v. Long Beach last year ruled a permitting 
system for dispensaries in Long Beach went far beyond Proposition 215 
and conflicted with federal law.

The ruling was depublished when justices decided to hear the case, 
although its dismissal does not reinstate the lower court ruling.

The Pack case in part sparked dispensary bans in Redding and 
unincorporated areas of Shasta County.

Although that case was depublished, the state Supreme Court is still 
weighing other cases dealing with the ability of local governments to 
ban dispensaries.

"Because the courts have not yet clarified the ability of cities and 
counties to regulate marijuana collectives and cooperatives, it is 
the opinion of the city attorney that amending the Municipal Code to 
eliminate the requirement for permits or approvals by the city 
addresses the issue of government employees facilitating a 
marijuana-related use," Thompson said in a staff report.

Shasta Lake this year chose to remove any mention of permitting 
systems from dispensary zoning codes but allowed the storefronts to 
remain open.

Tuesday's public hearing deals with a separate section of zoning code.

Thompson said the changes are likely to have little effect since no 
one has asked for a permit or exception to growing rules.

Council members will also weigh appointing a new member to the city's 
planning commission to replace Robin Butler, who resigned mid-August. 
Chiropractor Chris Kobe, ex-Mayor Gracious Palmer and business owner 
Jeff Zeller have applied to fill Butler's term, which runs through 
February 2014.

[sidebar]

If You Go

What: Shasta Lake City Council meeting

When: 6 p.m. Tuesday

Where: Council chambers, 4488 Red Bluff Ave.

Agenda includes: Public hearing on proposed changes to medical 
marijuana growing rules, possible appointment of new planning commissioner.
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MAP posted-by: Jay Bergstrom