Pubdate: Thu, 06 Nov 2014
Source: Porterville Recorder (CA)
Copyright: 2014 Freedom Communications Inc.
Contact: http://mapinc.org/url/AJm5UIc8
Website: http://www.recorderonline.com
Details: http://www.mapinc.org/media/2887
Author: Kelli Ballard

POT ORDINANCE BECOMES EFFECTIVE TODAY

The marijuana ordinance requiring patients cultivating their own 
plants to have a city-issued permit goes into effect today.

"[Patients] need to submit an application starting [today]," Interim 
Community Development Director Jenni Byers said.

Porterville City Council approved the permit process a month ago, but 
so far no one has inquired about the application.

"We have not actually received any requests for applications, or 
requests to even view the application," said Byers.

The new ordinance allows qualifying patients to have up to 20 
cannabis plants which can be located in a yard or inside an accessory 
structure, or a combination of both, as long as they have a permit.

An accessory structure, according to City Attorney Julia Lew, is a 
residence not used for living in, such as a green house, garage, 
studio or other qualifying outdoor structure. "Residential use must 
remain residential use," she said.

Only 20 plants are allowed per residence, no matter how many 
qualifying patients may reside in the home or on the property.

Code Enforcement, for the most part, will be responsible for issuing 
citations for noncompliance. The Porterville Police Department, city 
attorney, community development department, public works department 
and other city departments will also be involved in inspecting and 
enforcing the ordinance.

"It's certainly going to be a joint effort between the departments," 
Interim Fire Chief Glenn Irish said.

"Because this is medical marijuana it could involve the police 
department as well," said Lew.

The ordinance requires certain specifications and conditions for 
cultivations: the grow area must have a self-closing and locking gate 
or equivalent; plants must remain one foot below the top of fences; 
and areas must meet building and land-use codes.

"It shouldn't be an issue with the number of plants [allowed]" as far 
as building codes are concerned, said Lew. The city's current 
building code, for most residents, would not require making changes 
to the property.

"If it's just a violation of the ordinance, it's handled like any 
other land-use violations," she said. "Unless they have more than 
they're recommended for, then it would be criminal."

But enforcement of the ordinance will not begin immediately. "Those 
that are not in compliance will have reasonable time to come into 
compliance," said Irish.

Lew agreed, saying, "It will take some time to make sure everything 
[the application] is in order."

Still, advocates for medical marijuana use, such as Porterville 
resident Dawn Jobe, argue the city is infringing on their rights as 
given to them by the state and that her HIPAA (The Health Insurance 
Portability and Accountability Act) rights will be violated by the 
permit requirement.

Jobe spoke during Tuesday's city council meeting, asking the council 
to reconsider and remove the permit requirement.

"You don't realize how easy it is to violate HIPAA laws," she said, 
calling on Mayor Milt Stowe and claiming he had violated the law by 
speaking of his neighbor's garden for his spouse during a city council meeting.

"I don't really think the issue is HIPAA; that's a general term," 
said Lew. "I think it's about medical privacy."

The information collected, she said, will be kept confidential as 
required by law.

Byers said the collective departments have been having discussions on 
the subject and, from samples she had seen, there are versions of the 
recommendation card that do not include what illness the patient is 
being treated for.

She compared the card to a prescription from a doctor. The 
prescription will say what medicine is being described, but it will 
not include the illness that is being treated.

"If there is anything that shows the medical condition, it will be 
[taken out] of the record," Byers said.

As of today, permits to grow medical marijuana are required for all 
patients within the city limits. To receive a permit, a patient will 
need to get a background check, which is where the $40 fee comes into play.

"The police department will review the background check and make the 
decision," Byers said, adding the check is conducted by the state and 
could take anywhere from a couple of days to several weeks. "The 
background check is out of our control. The state handles it."

Patients will need to provide their recommendation card or 
county-issued medical marijuana card for each qualified patient 
living in the residence, and for each qualified patient for whom any 
person is the primary caregiver.

A consent form will need to be signed and turned in to the community 
development department allowing for an inspection of the area.

A site plan of the cultivation area will also need to be submitted, 
including dimensions and all other information required to ensure compliance.

If the qualifying patient is a renter, signed and notarized written 
permission from the landlord will be required. Residents in mobile 
home parks and apartment complexes will not be allowed to grow.

Applications for the cultivation permit are available on the city's website.
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MAP posted-by: Jay Bergstrom