Eureka Planning Commission Recommends Caps

The Eureka Planning Commission reviewed the city's proposed medical marijuana ordinance and recommended caps for dispensaries and cultivation sites, along with a few other additions.

The Eureka City Council and city staff have been working to develop the Medical Cannabis Ordinance, which is a land use ordinance, to specify and regulate the capability for growing, processing and distributing medical marijuana in residential and industrial areas, according to a city staff report. The council voted on April 7 to send the proposed ordinance to the planning commission for review, and ask for the commission's recommendation on whether there should be limits set for dispensing and cultivating the drug.

On a 4-1 vote, with Commissioner Jeff Ragan dissenting, the commission moved to recommend the caps, a prohibition of dispensaries within 1,000 feet of a school, daycare facility or public park, and to require dispensaries to test their products for contaminants and to label them like regular prescription medication. The cap recommendation would allow a maximum of four cultivation facilities, each of which would be allowed to have two dispensaries, one of which would have to be at the same site as the cultivation facility. The commission also recommended a cap of two dispensaries that receive medical marijuana from outside city limits.

Head of the commission Ron Kuhnel said he was in favor of providing lower caps to the two types of facilities to begin with, so the city wouldn't be faced with the problem of having too many and needing to lower the number.

"It's easier than having a big mess and then trying to fix it later," Kuhnel said.

Ragan said he was concerned about the law enforcement impacts the ordinance would have and asked Community Development Director Sidnie Olson if it would be possible to require tenants to post a letter of permission from landowners, along with the clearance from a doctor for personal, residential grows.

Olson replied that the ordinance would need to require residents to obtain and pay for a permit to require those two items. Commissioner Stephen Avis said the enforcement aspect of the 50-square feet of garden space with landowner permission would be the same as any other aspect of a rental contract, such as some contracts that ban waterbeds.

"We can try and forestall every eventuality, but people will say we are over-regulating and intruding into people's lives," Avis said.

The concept of requiring dispensaries to test for contaminants and label the prescriptions was suggested by a public comment. Medical Director Janet Weiss of Steep Hill Lab said that adding those provisions will help keep patients safe by knowing what is in their medication and what their dosage should be. The testing is "pennies to the dollar" and is already a part of other ordinances across the state.

"We'd love to see Eureka be a leader in this, as they should be," she said.

Medical cannabis advocate David Kasakove of Eureka said he sits on the board of directors for a cooperative in Butte County, and they have taken it upon themselves to test their medication, which is affordable.

After city staff has prepared the recommended changes to the ordinance, the matter will go back before the Eureka City Council for a public hearing and possible introduction of the ordinance.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Times-Standard
Author: Allison White
Copyright: 2010 - Times-Standard

* Thanks to MedicalNeed for submitting this article
 
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