Pubdate: Wed, 17 Oct 2012
Source: Sacramento Bee (CA)
Copyright: 2012 The Sacramento Bee
Contact: http://mapinc.org/url/0n4cG7L1
Website: http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: Ryan Lillis

CITY COUNCIL FAVORS PROHIBITING OUTDOOR GARDENS OF MEDICINAL MARIJUANA

Saying the practice has become a magnet for crime and a nuisance to 
neighbors, the Sacramento City Council moved forward Tuesday with 
prohibiting outdoor cultivation of medical marijuana within the city limits.

Following nearly two hours of debate, the council voted 8-1 to direct 
city staffers to draft an ordinance that would outlaw the outdoor 
growing. That ordinance will come back to the City Council for final approval.

Councilman Steve Cohn was the lone "no" vote on the matter.

The council also voted to keep in place existing location 
restrictions on medical marijuana dispensaries. Those restrictions 
prohibit the shops from operating within 1,000 feet of other 
dispensaries, 300 feet from residences and 600 feet from schools and parks.

Cohn and Councilman Jay Schenirer voted against keeping those 
restrictions in place.

Some council members have expressed support for increasing the buffer 
for schools and parks to 1,000 feet.

The city has a moratorium on granting permits to medical marijuana 
dispensaries, following a series of crackdowns by federal authorities 
across the state.

In the meantime, dispensaries that were open before the federal 
crackdown have been allowed to continue operating.

A total of 17 dispensaries are open in the city, down from a peak of 38.

Most of the hearing's debate focused on the city's practice of 
allowing medical marijuana crops in backyards.

According to a city staff report, homes with outdoor crops "have in 
some cases been a target for burglaries and crime."

City officials noted that some other governments in the state, 
including Elk Grove, limit medical marijuana growing to indoors.

Councilwoman Sandy Sheedy has been the most vocal proponent of 
prohibiting outdoor growing operations. She said crime in her North 
Sacramento district related to backyard growing is prevalent and that 
crops as large as 99 plants have recently been discovered in the area.

"People are afraid for their safety," she said.

Sacramento Deputy Police Chief Dana Matthes told the council, "We are 
seeing crime related to the grows and cultivation."

That crime has included recent incidents in which a homeowner fired 
gunshots at intruders in his backyard crop and a resident being 
robbed of marijuana.

City officials also described the outdoor gardens as "attractive 
nuisances" that give off strong odors during cultivation season.

Curtis Park resident Phil Grajeda said the smell given off by a 
backyard crop on his street "is driving me crazy."

"I can't go in my backyard anymore," he said. "I feel like I'm in 
prison in my own yard."

Opponents of restricting backyard crops said growing medical 
marijuana outdoors gives patients safe access to a vital aid.

"You are essentially giving a death sentence to the patients who need 
it the most," said Rich Miller, a representative of the local chapter 
of Americans for Safe Access.

Miller asked the council to delay any votes on medical marijuana 
until the federal government's actions against the industry become clearer.

Betty Braden, a South Land Park resident who has had two hip 
replacement surgeries and has Crohn's disease, said she can't afford 
to buy medical marijuana and relies on her backyard garden.

"I am a law-abiding citizen and I choose cannabis as my medication," she said.
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MAP posted-by: Jay Bergstrom