California: Planning Commission Approves Pot Ban 3-2

Robert Celt

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After about two hours of public testimony, a proposed ordinance that would ban medical marijuana cultivation, delivery and distribution in town limits passed the town planning commission with a 3-2 vote.

A crowd of about 50 to 60 showed up to voice their opinion for and against. Most of the speakers were opposed to the ordinance, saying it will criminalize something the state has made legal. Other supporters said they use medical marijuana because pharmaceuticals are too harsh, and restricting access to the plant is costly and even a death sentence to some. Still others argued that prohibition simply opens up a black market and encourages crime.

Fernando Marin was first introduced to the medical marijuana issue when he was sitting on the Butte County Planning Commission.

Marin said marijuana has a negative stigma attached to it and older generations tend to view the plant as criminal. However, research has given him a far less skewed view of the plant and its users.

He said he suffers from tumors and was prescribed several different medications.

"I had to find different prescriptions just to control the pain, but it was destroying the rest of my life with the side effects," he said. "This is a quality of life issue."

Marvin Debrunner said he suffers from Lyme's disease and he has grown his own medical marijuana for more than 20 years. He said he isn't in trouble with the law and pays all his taxes. He grows six plants a year, which gives him what he needs for his personal use.

"The thing that's not being brought up here is that you're taking away my medicine," he said.

Traveling out of town to purchase his medicine would cost about $200 a week, he said. As far as the smell is concerned, Debrunner said he can smell it when neighbors use pesticides around their house. He can also smell the odor of outdoor burning, or when neighbors burn their trash in the fireplace, he said.

"I don't think (the odor complaint) is legitimate," he said.

He said the many supporters who showed up at the meeting that night is "just a thumbnail" of those who use medical marijuana in town.

"If you ban everyone from growing it, they're going to do it underground some way or another," he said.

If the resolution passes, he will be a part of a class-action lawsuit against the town, he said.

Dan Miller-George said he will ignore the ordinance if it passes. Miller-George recently moved to Paradise from Lake County, where a similar ordinance was proposed.

"It was a big, expensive mess," he said.

He was incensed that even delivery of medical marijuana will be banned. He said deliveries are inconspicuous and no one would be the wiser.

"Are you guys going to have men with guns going after people with real medical conditions because it doesn't smell nice? Really? Have you guys no shame?" he asked.

He said even heavily conservative Utah allows cannabidiol (CBD oil) to be brought in from Colorado because so many people were leaving the state for the medicine.

"I don't plan on obeying, I might as well say it right now, and you have my address," he said. "I'll grow marijuana inside my house if I feel the need."

Town Attorney Dwight Moore said the ordinance is in response to new laws that will take effect in January 2016 standardizing medical marijuana business practices throughout the state.

Supporters of the ordinance said their quality of life is compromised due to the smell of the notoriously odoriferous plant. Others were concerned that allowing marijuana gardens will bring various criminal elements to the neighborhood.

Realtor Dan Henry said it makes it difficult to sell homes when buyers see there is a marijuana garden next door.

"They typically pass because they're concerned about the crime and the elements that go with it," he said.

He said he hopes a solution can be found that will benefit everyone, but that he supports the proposed ordinance.

Realtor Priscilla Rawlings supported the ordinance 100 percent. She said medical marijuana severely affects her business and the community as a whole.

"Thank you for doing such a great job," she said.

Veteran James Riotto said he felt sorry for those who need the medicine, but felt medical marijuana is also infringing on his rights and quality of life.

"I have a right as a citizen to sit in my backyard and enjoy my pleasure and I cannot do that," he said.

He said his neighbors are cultivating and processing 36 plants.

"The smell is horrendous, I can't even have my granddaughters or grandsons visit me because of the smell," he said. "Something has to be done."

He also questioned the legitimacy of medical marijuana.

"If medical marijuana is so good, why can't it be dispensed like any other drug through the drug industry?" he asked.

Vice-chair Martin Nichols said the issue before the commission is a land use issue, not one of whether medical marijuana is good or bad. He said the issue is no different legally or intellectually than whether to allow residents to keep pigs in their back yard.

He made a motion to pass the ordinance.

Jim Clarkson, commission chair, said passions were strong on both sides of the issue and encouraged both opponents and supporters to listen to the concerns of others in hopes of finding an adequate solution.

Clarkson gave a personal testimony about his own medical marijuana use after being diagnosed with Stage 4 liver cancer.

"I grew my own plants," he said. "I did that because I wanted something that was organic. I knew what was going into the ground, I knew what I was going to be using on the plants to help get the plants to where I needed them to be."

He wanted to make sure that no chemicals or carcinogens were used during growing. The only way he could to that was to grow for himself, he said.

He no longer needs medical marijuana, because he has returned to health, he said. He also didn't like the "foggy head" and some of the other side effects of medical marijuana, but said it was preferable to the side effects of prescription pharmaceuticals.

Growing for himself was more affordable and gave him peace of mind. He said he didn't want to take away the rights of those who need their medicine, nor did he want to subvert a state law that was passed by a majority vote.

That being said, he also understands that people want to enjoy their property free from outside distractions, whether it's from barking dogs or smelly plants.

"There's got to be some recognition that what we're trying to do up here is make the town as nice an environment for us all to live as possible," he said. "I think it is important that we consider both sides of the fence and try to come out with something that works for as many people as possible."

Nichols and commissioners Stephanie Neumann and Ray Groom voted in favor of the ordinance. Clarkson and commissioner Anita Towslee voted against it.

The ordinance is expected to go before the Paradise Town Council in January.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: California: Planning Commission Approves Pot Ban 3-2
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