Pubdate: Wed, 10 Feb 2016
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2016 Appeal-Democrat
Contact: 
https://appeal-democrat-dot-com.bloxcms-ny1.com/site/forms/online_services/letter/
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343
Author: Eric Vodden

MEDICAL MARIJUANA RULES VARY - AND MAY CHANGE

Medical marijuana cultivation and dispensaries are governed by a 
sometimes-confusing smorgasbord of rules and regulations that differ 
from county to county and city to city.

Now there are four pieces of approved state legislation to add to the 
mix, including a cleanup bill signed last week by Gov. Jerry Brown 
that makes corrections to the earlier-approved bills.

Add to that the prospect of multiple statewide ballot initiatives in 
November and the result is a lot of uncertainty over the future of 
medical marijuana cultivation and dispensaries, locally and statewide.

Thus far, state bills have left intact the ability of cities and 
counties to enact ordinances regulating marijuana cultivation and 
dispensaries. Approved state legislation reflects more of a 
collaborative effort between the state and local entities than one 
that is in conflict.

"This legislation does not affect locals' ability to regulate 
cultivation and includes the right for locals to enact outright 
bans," said Assemblyman James Gallagher, R-Plumas Lake. "They can 
outlaw dispensaries, which is a land-use decision."

The gist of state legislation is to create a licensing system to 
regulate personal grows and dispensaries. Most notably, it 
establishes a Bureau of Medical Marijuana Regulation within the state 
Department of Consumer Affairs.

The new bureau will have authority to issue state licenses, conduct 
and regulate investigations, impose fines and penalties, and collect 
fees over and above what is collected locally. There are requirements 
on various state agencies to develop licensing, pesticide, production 
and water diversion standards.

"But first growers have to meet the local regulations, and if the 
locals say they can't do it, they can't do it," Gallagher said.

That means anybody seeking to open a dispensary must comply with 
local and state ordinances, and where appropriate, acquire state and 
local licenses.

The Marysville City Council last month adopted a ban on indoor and 
outdoor marijuana cultivation in the face of a state-imposed March 1 
deadline. The deadline was included in state legislation passed last 
year requiring jurisdictions that don't have cultivation ordinances 
to do so by the deadline or risk losing local control.

Facing the deadline, Marysville, the only Yuba-Sutter jurisdiction 
without cultivation regulations, was one of several cities and 
counties that passed growing bans before March 1. But the legislation 
signed last week by Brown removed the deadline.

Marysville Mayor Ricky Samayoa said Friday he doesn't envision the 
council revisiting the cultivation ordinance, as some audience 
members requested during last month's public hearing. It was 
anticipated at that time that the deadline would be removed.

"The cultivation ordinance is going to stay," Samayoa said. "I will 
always be open to listening, but I think we should all be agreeable 
with what we did."

The Marysville council also approved a separate ordinance allowing 
two dispensaries in the city, the only local jurisdiction to allow 
such facilities. That could change if voters approve a Yuba County 
dispensary initiative in June, but for now Marysville will be alone 
in allowing dispensaries when its ordinance takes effect Feb. 18.

Samayoa said the decision was prompted by patients needing a place to 
purchase medical cannabis, a desire to stay ahead of state 
legislation and a need for revenue sources for the financially struggling city.

"There's a little bit from all those things," Samayoa said. "There 
has been an interest in the city about it for a long time. But there 
hasn't been the will from previous councils. We have to let the 
ordinance play out and see how it works."

The wild card in local control is in what will happen when statewide 
cannabis measures hit the November general election ballot.

Insiders point to a proposed initiative backed last week by the 
California Medical Association to be the one most likely to make it 
to the ballot. It would legalize recreational use of marijuana, but 
is only one of a dozen similar proposals approved to collect 
signatures for the statewide ballot.

How those measures would affect local control remains to be seen, 
though insiders say most appear to leave intact the ability of local 
cultivation and dispensary control.

"I want to be sure that locals retain their authority, including 
banning dispensaries and cultivation if that community believes that 
is for the best," said Gallagher.
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MAP posted-by: Jay Bergstrom