Update: Council Takes On Medical Marijuana Growing Issues

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The Arcata City Council has begun the process of finalizing medical marijuana land-use standards.

The council reviewed recommendations forwarded from the Planning Commission Wednesday.

The proposed standards outline regulations for the cultivation and dispensing of medical marijuana, including standards for personal use in residences, permitting requirements for cooperatives and collectives, operating standards, accessory uses, and zoning districts.

As the council had a number of questions remaining, it opted to direct city staff to bring back additional information and will revisit the matter at its first meeting in November.

One of the concerns raised among the council was the suggested number of square footage allotted to patients or primary caregivers who cultivate medical marijuana within the home — 50 square feet and 250 cubic feet per residence, or a total of 100 square feet and 500 cubic feet if additional space is required and the request is interpreted as appropriate by the city’s zoning administrator.

Councilmember Paul Pitino said many ceilings in the city are greater than five feet high, questioning the suggested cubic-foot requirement.

“It seems unreasonable,” he said.

Also of concern was a requirement that cultivation should not create a mold or humidity problem.

Community Development Director Larry Oetker said under the city’s building code, mold is a regulatory issue when it rises to the level of creating a health and safety problem.

Other questions remained on the requirements by which a caregiver is permitted to cultivate marijuana, on flowering canopies versus cultivation areas, firewalls, access to medical records, hours of operation, enforceability and fees, and the question of why no more than four ounces of medical marijuana should be distributed to a patient in a 30-day period.

“In everything we’ve seen, it’s always eight ounces,” Pitino said, referring to state guidelines. “Logic tells me eight ounces makes sense.”

Councilmember Harmony Groves noted the unanimous support of the planning commission in moving the standards forward, as well as input from the public and city in the process.

“I think we did address the issues the community asked us to address in a balanced way,” Groves said.

“This is a living document. We can move this forward,” said Councilmember Michael Machi.

Residents also weighed in on the proposed standards, some citing concerns about loopholes and public safety, and others on safe access and patient rights.

“This is not a discussion about criminal law,” said Greg Allen, an attorney. “We’re actually taking it to a new level. We are actually starting to deal with medical cannabis under the heading of land-use.”

Allen said the process included many points of view. “Is it perfect? No. But it’s pretty damn good.”

Once the council adopts the standards, it will take 30 days for them to go into effect in the city outside of the coastal zone, Oetker said.

As the city adopted its Land Use Code and is submitting it to the California Coastal Commission for approval, a process that will take one to two years; Oetker said the council will have the option of including the medical marijuana standards, which will be an amendment to the LUC, as part of a package, or could create a separate ordinance and ask the Coastal Commission to look at the standards independently.


News Hawk: User: http://www.420magazine.com/
Source: The Eureka Reporter
Author: CERENA JOHNSON
Copyright: 2008 The Eureka Reporter
Contact: Contacts | The Eureka Reporter
Website: Council takes on medical marijuana growing issues | The Eureka Reporter