Pubdate: Tue, 15 Dec 2015 Source: Appeal-Democrat (Marysville, CA) Copyright: 2015 Appeal-Democrat Contact: http://www.appeal-democrat.com/sections/services/forms/editorletter.php Website: http://www.appeal-democrat.com Details: http://www.mapinc.org/media/1343 Author: Eric Vodden MARYSVILLE MAY BAN MARIJUANA CULTIVATION Another ordinance could allow for more dispensaries A proposed ban on marijuana cultivation in Marysville, along with loosening up regulations for cannabis dispensaries, will be considered by the City Council tonight. After more than a year of marijuana cultivation and enforcement being at the forefront of Yuba County politics, Marysville enters the fray tonight when it considers the two cannabis ordinances. One would ban marijuana cultivation "in all zoning districts" in the city, while the other increases locations where dispensaries can be located. An exception to the cultivation ban would be that plants could be grown in connection with dispensaries. Public hearings for the first readings of each ordinance will be during today's 6 p.m. session in City Hall, 526 C St. Mayor Ricky Samayoa said on Monday the cultivation ordinance was prompted by new state law requiring cities to have such regulations in place before March. The city currently has no cannabis cultivation ordinance. But the consideration of a dispensary ordinance was a result of increased state legislation regulating medical marijuana and outside interest in locating dispensaries in Marysville, Samayoa said. "It is seeming like the sense of the council is that there is a desire to look at this in order to loosen up the requirements," Samayoa said. "More than anything I think there has been an interest out there. There have been four or five different groups that have approached the city." The cultivation ordinance is modeled on that used in Live Oak that bans marijuana grows in that city. Live Oak's regulations have been used as a legal precedent since the 3rd District Court of Appeal in 2013 upheld the law and the state Supreme Court declined to hear an appeal on the ruling. However, a separate ordinance would allow no more than two dispensaries within the city limits if they meet various criteria. A conditional use permit would be required, meaning each proposal would have to be considered by the planning commission and City Council. "Right now, we are figuring out the land use," Samayoa said. "If it's approved, we have to figure out how to handle the different proposals. And they would also have to meet the standards set by the state." The city currently has a dispensary ordinance, but it's so restrictive that the only location believed to be eligible is along Highway 20 near Recology Yuba-Sutter. Marysville's considerations tonight comes with the likelihood of separate special elections in June on cultivation and dispensary ordinances in unincorporated areas of the county. While city voters would be eligible to cast ballots in those elections, neither would take effect within the city limits. The Yuba County-based Families Against Cannabis Trafficking (FACT) will oppose the city dispensary ordinance during tonight's public hearing, organization leader Buck Weckman said. In a flyer distributed by the group, it charges that allowing dispensaries "appears to be an attempt at a financial bailout for the city as they propose auctioning off the dispensary/grow permits to the highest bidders. "Is this punishment for the residents refusal to pass a tax increase?" If the cultivation ban is approved by the council, it would leave only the city of Wheatland, which allows indoor cultivation, where public marijuana cultivation would be allowed in Yuba County. A Look at the Ordinances Marysville's proposed marijuana growing ordinance states that "cultivation of cannabis, whether indoors or outdoors, by any person or entity, including primary caregivers and qualified patients .... is prohibited in all zoning districts ..." Violations of the ordinance would be a misdemeanor carrying a $1,000 fine and/or as much as six months in county jail. However, the cultivation ordinance would allow indoor marijuana grows in connection with licensed dispensaries, which are addressed in the second proposed ordinance before the council. The dispensary ordinance sets up separate criteria for dispensaries within the Medical Arts District of the city's Bounce Back plan for economic development and elsewhere in the city. The Medical Arts district is the area in the vicinity of Rideout Memorial Hospital. For a dispensary to be allowed outside the Medical Arts District, it can't be located within 1,000 feet of a school or licensed day care; 500 feet of a residential area, neighborhood park, library or other recreational areas used by children; or 250 feet of adult businesses providing drug paraphernalia. Within the Medical Arts District, dispensaries would be allowed if its not within 400 feet of a school, park or library; or 250 feet of a residential use or adult business. It also limits the number of dispensaries to two and would require a conditional use permit, meaning it would have to be reviewed by the planning commission and City Council. Hours of operation would be limited from 6 a.m.-10 p.m., minors would be banned from the premises, security would have to be provided and state licensing would be required. An additional provision of the ordinance is that dispensaries be required to provide annual funding for the full cost of a city police officer. - --- MAP posted-by: Jay Bergstrom