Anderson, Ca - Following a three-hour meeting Tuesday, March 16, the Anderson City Council postponed for 60 days any action on a proposed ordinance to restrict the cultivation of medical marijuana within city limits to a secure out-building no larger than 120 square feet within a fenced back or side yard large enough to accommodate such a structure.
The five-member council, however, did unanimously agree to extend for one year -- until April 3, 2011 -- a moratorium prohibiting any more medical marijuana dispensaries, collectives or cooperatives within Anderson city limits.
The Green Heart, a collective owned and operated by Gina Munday, opened two days before the moratorium was first enacted.
The council's actions followed an hour-long public hearing during which former Anderson Mayor Rodney Jones gave a 15-minute presentation, complete with PowerPoint slides, on the history and purported benefits of cannabis or hemp and how it came to be outlawed.
Also speaking in favor of fewer restrictions on medical marijuana cultivation was Munday, who said her research indicates that a factory-built storage shed meeting all of Anderson's requirements would cost her patients nearly $1,500, and that price did not include a foundation or delivery charges.
Munday presented each council member with a stack of 60 signed affidavits, reportedly all from her database of Anderson residents who have a doctor's recommendation to possess and use small amounts of the federally controlled substance.
Such a growing environment would require artificial lights, which Munday estimated would add another $120 per month to a patient's utility bill.
"That's a major expense for someone who just wants to grow their own medicine," she said.
Redding resident Hilary Griner, who owns and operate the Family Tree collective, threatened individual council members with legal action if the ordinance to restrict cultivation was enacted.
"I want to give you notice . . . that if this is adopted, I will file a preliminary injunction against each of you as individuals, against your city attorney, and against the city of Anderson," said Griner, who said she is acting as the secretary of NorCal NORML, a National Organization for the Reform of Marijuana Laws.
"We have a lot of members right here in Anderson and we represent the nearly 20,000 patients of medical marijuana residing in Shasta County," Griner said.
Speaking out in support of even stronger restrictions against medical marijuana were two members of the audience -- Paul Tilley, senior pastor of Faith Assembly, a 100-member congregation in Anderson, and Stan Neutz, a retired U.S. Army officer who said he attends the Anderson-Cottonwood Neighborhood Church.
"There are other cities in California using the State Constitution to prohibit the growing and use of marijuana," Neutz said.
Following the public hearing, each council member in turn made personal statements against the use of any type of controlled substances or asked questions of staff.
When Keith Webster asked City Attorney Mike Fitzpatrick whether the council had authority to regulate the cultivation of medical marijuana, Fitzpatrick replied, "While recent court cases would indicate the city ordinance cannot limit the number of plants grown, . . . the council can impose reasonable limits to protect the health and welfare of others. Certainly, it's reasonable for a city to put reasonable limits in place."
Vice-Mayor Melissa Hunt then asked whether there should be buffer zones around schools, churches and parks.
Planning Director John Stokes responded that, "Because the growing area is secured and protected, there isn't any further need for buffer areas."
Former Mayor Butch Schaefer attempted to assure the audience that allowing compassionate use is the intent.
"We are not trying to prevent anyone from getting their medicine. The intent is to regulate the cultivation . . . to accommodate the needs of medical marijuana patients."
Schaefer continued, "If, as it has been discussed, marijuana is legalized in November, I want to propose a city tax on its sales that would support law enforcement because that is where the biggest impacts are going to be."
Schaefer then questioned whether the city was having to spend too much on Fitzpatrick and city staffers to research California law regarding medical marijuana when there are many court cases that could each redefine the law.
"I know what's right, but I don't know what's coming down the pike. That is my frustration," Schaefer said.
News Hawk: Warbux 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: andersonvalleypost.com
Author: George L. Winship, Editor
Contact: George L. Winship, Editor, Editor - Anderson Valley Post's Department
Copyright: 2010 The Anderson Valley Post
Website: Anderson council adds year to moratorium on medical marijuana dispensaries Anderson Valley Post
The five-member council, however, did unanimously agree to extend for one year -- until April 3, 2011 -- a moratorium prohibiting any more medical marijuana dispensaries, collectives or cooperatives within Anderson city limits.
The Green Heart, a collective owned and operated by Gina Munday, opened two days before the moratorium was first enacted.
The council's actions followed an hour-long public hearing during which former Anderson Mayor Rodney Jones gave a 15-minute presentation, complete with PowerPoint slides, on the history and purported benefits of cannabis or hemp and how it came to be outlawed.
Also speaking in favor of fewer restrictions on medical marijuana cultivation was Munday, who said her research indicates that a factory-built storage shed meeting all of Anderson's requirements would cost her patients nearly $1,500, and that price did not include a foundation or delivery charges.
Munday presented each council member with a stack of 60 signed affidavits, reportedly all from her database of Anderson residents who have a doctor's recommendation to possess and use small amounts of the federally controlled substance.
Such a growing environment would require artificial lights, which Munday estimated would add another $120 per month to a patient's utility bill.
"That's a major expense for someone who just wants to grow their own medicine," she said.
Redding resident Hilary Griner, who owns and operate the Family Tree collective, threatened individual council members with legal action if the ordinance to restrict cultivation was enacted.
"I want to give you notice . . . that if this is adopted, I will file a preliminary injunction against each of you as individuals, against your city attorney, and against the city of Anderson," said Griner, who said she is acting as the secretary of NorCal NORML, a National Organization for the Reform of Marijuana Laws.
"We have a lot of members right here in Anderson and we represent the nearly 20,000 patients of medical marijuana residing in Shasta County," Griner said.
Speaking out in support of even stronger restrictions against medical marijuana were two members of the audience -- Paul Tilley, senior pastor of Faith Assembly, a 100-member congregation in Anderson, and Stan Neutz, a retired U.S. Army officer who said he attends the Anderson-Cottonwood Neighborhood Church.
"There are other cities in California using the State Constitution to prohibit the growing and use of marijuana," Neutz said.
Following the public hearing, each council member in turn made personal statements against the use of any type of controlled substances or asked questions of staff.
When Keith Webster asked City Attorney Mike Fitzpatrick whether the council had authority to regulate the cultivation of medical marijuana, Fitzpatrick replied, "While recent court cases would indicate the city ordinance cannot limit the number of plants grown, . . . the council can impose reasonable limits to protect the health and welfare of others. Certainly, it's reasonable for a city to put reasonable limits in place."
Vice-Mayor Melissa Hunt then asked whether there should be buffer zones around schools, churches and parks.
Planning Director John Stokes responded that, "Because the growing area is secured and protected, there isn't any further need for buffer areas."
Former Mayor Butch Schaefer attempted to assure the audience that allowing compassionate use is the intent.
"We are not trying to prevent anyone from getting their medicine. The intent is to regulate the cultivation . . . to accommodate the needs of medical marijuana patients."
Schaefer continued, "If, as it has been discussed, marijuana is legalized in November, I want to propose a city tax on its sales that would support law enforcement because that is where the biggest impacts are going to be."
Schaefer then questioned whether the city was having to spend too much on Fitzpatrick and city staffers to research California law regarding medical marijuana when there are many court cases that could each redefine the law.
"I know what's right, but I don't know what's coming down the pike. That is my frustration," Schaefer said.
News Hawk: Warbux 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: andersonvalleypost.com
Author: George L. Winship, Editor
Contact: George L. Winship, Editor, Editor - Anderson Valley Post's Department
Copyright: 2010 The Anderson Valley Post
Website: Anderson council adds year to moratorium on medical marijuana dispensaries Anderson Valley Post
