CA: Anderson Council Passes Strict 45-Day Ban On Recreational Weed

Katelyn Baker

Well-Known Member
The Anderson City Council passed a short-term ban on recreational marijuana outside the home to give city officials breathing room to clear up some of the haze surrounding legal weed for adults.

"It's to put things on hold so we can study (Proposition 64) and find out how the city wants to regulate it," said Jody Burgess, city attorney.

At its meeting Tuesday, the council unanimously passed the 45-day prohibition on any businesses and outdoor gardens involving recreational marijuana, which voters legalized Nov. 8 via Proposition 64.

Proposition 64 legalized adult possession of marijuana and growing up to six plants indoors per household. While municipal governments can't pass stricter bans, the measure offers local officials a large say in commercial cannabis' footprint in their area, Burgess said. It also allows them to outlaw personal outdoor grows, he said. The 45-day ban, which can be extended for up to two years, was passed as an urgency ordinance so that it takes effect immediately. It covers all business types regulated by Proposition 64, including lab testing, manufacturing, wholesale distributing and retail sales. The ordinance also bans all outdoor grows, according to the staff report.

It also requires renters to obtain written consent before growing and prevent the smell from bothering any neighbors.

"Prop. 64 does not take away a landlord's right to say, 'I don't want you doing that on my property,'" Burgess said.

Burgess suggested the ban to preserve the status quo and avoid an upsurge in outdoor grows or influx of marijuana businesses.

It effectively mirrors the city's current medicinal marijuana ordinance, which also bans dispensaries and outdoor grows, Burgess said.

"If they've been in compliance before, this doesn't impact them," Burgess said.

Burgess said the council will have to decide what aspects, if any, of the recreational marijuana industry to allow in town. He said city staff need time to research what Proposition 64 does.

The voter-passed measure allows local governments to regulate or even ban everything except for indoor cultivation of up to six plants per household.

"(Proposition 64) already legislates a lot, but you do have a right to locally regulate, and you can say we're not going to allow for outdoor cultivation," he said.

He plans to explore ways to regulate and ban marijuana to present to the council.

He said he expects more discussion of potential regulations at the next council meeting, set for Dec. 6.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Anderson Council Passes Strict 45-Day Ban On Recreational Weed
Author: Joe Szydlowski
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