CA: City Council Places Moratorium On Commercial Marijuana Growing

Katelyn Baker

Well-Known Member
The Elk Grove City Council on Dec. 14 unanimously adopted an urgency interim ordinance that imposes a moratorium on all commercial marijuana land use and all marijuana cultivation within the city.

A city staff report notes that this temporary ordinance is necessary for the promotion of "the immediate preservation of the peace, health and safety of the public against the potential detrimental impacts of marijuana cultivation, processing, manufacturing, distribution and sale uses, which impacts may include, without limitation, criminal activity, odors and molds, degradation of the natural environment, excess energy consumption, and indoor electrical fire hazards."

Although the temporary ordinance will be in effect for 45 days, following a noticed public hearing, the council can extend the moratorium by 10 months and 15 days, and subsequently another year.

The temporary ordinance was recommended to the council by city staff in response to Proposition 64 — aka the Adult Use of Marijuana Act. Voters last month passed the state initiative that generally legalizes the recreational, non-medical use of marijuana by those who are at least 21 years old.

All medical marijuana cultivation, distribution and commercial delivery, as well medical marijuana dispensaries are currently prohibited throughout Elk Grove.

And through a state health and safety code, the city may continue to prohibit all outdoor personal cultivation of nonmedical marijuana.

During the moratorium period, the City Council and/or Planning Commission can review any land use that could possibly be in conflict with a General Plan, specific plan or zoning proposal that is being considered or planned.

Within the same period, the city can consider regulations on personal, indoor cultivation for both personal and medical purposes.

Although the state law enacted through Proposition 64 permits a person 21 years or older to cultivate as many as six marijuana plants indoors for personal use, the city can establish reasonable regulations on such cultivation.

Regulation topic areas that will be evaluated for indoor marijuana cultivation within the city include limiting cultivation to residential zones, requiring plants to be locked in a secure location, allowing the city to seize and destroy plants that exceed the legal limit, and establishing city approved security systems and ventilation, and wattage restrictions on grow lights to reduce energy consumption and fire hazards.

To impose penalties on those who violate regulations, the city may establish monetary penalties and permit suspensions. And the city can also conduct occasional inspections of cultivation sites.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: City Council Places Moratorium On Commercial Marijuana Growing
Author: Lance Armstrong
Contact: 209-745-1551
Photo Credit: Brendan Smialowski
Website: Elk Grove Citizen
 
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