Pubdate: Wed, 31 Oct 2012
Source: Mount Shasta Herald (CA)
Copyright: 2012 GateHouse Media, Inc.
Contact:  http://www.mtshastanews.com/
Details: http://www.mapinc.org/media/3515

DUNSMUIR VOTERS TO DECIDE ON MEDICAL MARIJUANA CULTIVATION

Dunsmuir, Calif. -- Dunsmuir residents will decide whether or not to 
remove some restrictions of the city's marijuana ordinance when they 
vote on Measure S in the Nov. 6 General Election.

The current ordinance was passed in May 2011.

The city council sent the issue to the voters in July after Barbara 
Marden and Leslie Wilde circulated a petition to remove some of the 
restrictive language of their ordinance.

If approved on Tuesday, Measure S would revert cultivation laws, for 
the most part, back to cultivation standards practiced in Dunsmuir 
from 1996 to 2011. Approval of Measure S would make the following 
changes to the city's current medical marijuana ordinance:

Removal of limits on canopy area for each qualified patient; Removal 
of limits on qualified patients growing on any parcel; Cultivation of 
medical marijuana would be allowed on property that is not the 
grower's primary residence; Cultivation of medical marijuana would be 
allowed in view of the public; Cultivation of medical marijuana would 
be allowed outdoors; Cultivation would be allowed in the interior of 
attached or detached garage structures that are fully enclosed; 
Cultivation of medical marijuana would be allowed in Dunsmuir's 
historic district; Cultivation of medical marijuana would be allowed 
in proximity to youth-oriented activities.

The ballot measure continues to require that the cultivation of 
marijuana cannot adversely affect the health or safety of nearby 
residents and continues to require proper ventilation for indoor 
growing. It continues to comply with state laws and doesn't allow for 
a cultivator to create a public nuisance in their neighborhood.

Measure S would cap the penalty for a violation at $100 per day, not 
to exceed $1,000 for any single violation. It further modifies 
standards for indoor cultivation to only require dedicated circuits 
for electrical equipment if they use more than 400 watts per outlet, 
and allows for use of generators, compressed gas and ozone generating devices.

Arguments for and against

"Right now, the only city in all of Siskiyou County with a medical 
marijuana cultivation ordinance is Dunsmuir," states Wilde in an 
argument in favor of Measure S. "This is despite the fact that our 
sister cities such as Mt. Shasta, Weed and Yreka have larger 
populations, more youth-oriented activities and more extensive 
historic districts."

She pointed out that medical marijuana patients "used good judgement 
and exercised discretion" between 1996, when the Compassionate Use 
Act was passed by California voters, and 2011, when the current 
ordinance was imposed. Wilde also argued that patients were never 
growing in view of the public or near youth oriented activities like 
parks, playgrounds, and ball fields and to make Measure S about 
allowing children to be affected by medical marijuana is disingenuous.

"Trust me, patients who cultivate their own medicine appreciate their 
privacy and use adequate screening," Wilde said. "In contrast, a 
child riding their bicycle from one end of Dunsmuir's historic 
district to the other passes no fewer than six establishments 
providing full view of people drinking alcohol. In fact, the only 
playground in all of Dunsmuir is directly across the street from the 
Dunsmuir Brewery. But marijuana cultivation is supposedly so 
dangerous that even in a cement bunker, buried entirely underground, 
it cannot be allowed within 300 feet of a park, playground, a 
youth-oriented activity, or any where in the historic district?"

Opponents of the measure, including Dunsmuir's mayor Arlis Steele, 
said since the restrictive ordinance was put in place last year, 20 
new businesses have come to town. He predicts that if Measure S is 
passed, it will adversely affect the town's appeal to tourists and 
potential new business owners.

"The cities of Weed and Yreka will not even give a business license 
to dope related businesses," said Steele. "Even though some cities 
have more youth oriented activities than we do, why would you want to 
see or grow pot next to where our young people gather? Marijuana 
patients do have state rights, but federal law does trump state law. 
If Measure S fails... it will uphold the ordinance as it is written, 
and there would be nothing left to argue about."

In response, Wilde said, "The current cultivation restrictions in 
Dunsmuir have only been in place for one year... there is no 
measurable difference to tourism linked to restricting the rights of 
patients to grow their own medicine."

In an argument against Measure S that did not make it into the 
official voter pamphlet, opponents of Measure S said numerous 
hearings were held and the current ordinance was formulated with 
input from the public.

The goals of the ordinance are to "address marijuana odors, separate 
cultivation of medical marijuana from youth oriented activities, 
discourage the growth of marijuana in areas readily visible to the 
public, and ban it totally in the downtown historic district while 
insuring that the cultivation of marijuana is limited to those who 
need (it)... in the amount they are legally entitled to."

Wilde argues that those opposed to Measure S are against medical 
marijuana as medicine altogether, and base the majority of their 
arguments around that central issue. She states that the council has 
been as difficult as possible to those who grow their own medical marijuana.

As Wilde wrote in the statement in support of Measure 
S: "Council members showed open hostility and disdain for 
medical marijuana patient's rights and made public statements 
including: 'if we must pass an ordinance then at least make it as 
expensive as possible for patients' and 'for the vast majority, it's 
just a habit and not for legitimate reasons.'"

"The marijuana advocates cannot accept any of the restrictions on the 
cultivation of their marijuana and will not attempt to reach a 
compromise with other citizens," according to the argument against 
the measure. "They want it their way only... Measure S is an attempt 
by a handful of citizens with a special interest at the expense of 
the public in general."

"This will be a defining moment for Dunsmuir," Steele said. "Which 
direction will our citizens take us?"
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MAP posted-by: Jay Bergstrom