CA: Council To Conduct Public Hearing On Cannabis Restrictions Nov. 1

Ron Strider

Well-Known Member
When the Ridgecrest City Council meets November 1, they will be holding a public hearing on an ordinance amending the municipal code to prohibit, restrict, and regulate medical and non-medical cannabis and commercial cannabis activities to the fullest extent allowed under state law.

The item on the upcoming agenda is for a first reading of the ordinance. Two readings are required before the municipal code can be officially changed.

The city currently prohibits the issuing of business licenses for medical cannabis stores, dispensaries, co-ops and mobile dispensaries. The city also prohibits medical cannabis stores, dispensaries, and co-ops.

The proposed ordinance would amend the city's municipal code to prohibit commercial cannabis activity and uses for either medical or non-medical purposes, with an exception if "the public health, safety, and welfare of the city would benefit from permitting a limited exception for the inpatient use of cannabis for medical purposes at hospitals and other medical facilities offering long-term stay for patients provided that the hospital or other medical facility obtain a Special Use Permit from the City," according to a staff report.

The proposed ordinance would also prohibit outdoor cultivation of cannabis throughout the city, "except for Medical Facilities" and would allow indoor cultivation of medical and non-medical cannabis only to the extent required by state law. It would also require that the cannabis be cultivated inside a private residence and for the personal use of a resident or by a primary caregiver for a qualified patient; no more than six living plans can be cultivated inside a private residence; the resident shall comply with applicable fire, health and safety codes; tenants must obtain permission from landlord, landowner or property manager; and cannabis plants shall not be visible from any public right-of-way. In addition, the code is "not intended to interfere with any landlord-tenant agreement which prohibits the cultivation or use of cannabis in or upon the grounds of any premises."

According to a staff report, "The City currently prohibits the cultivation of cannabis for commercial and non-commercial purposes, including cultivation by a qualified patient, primary caregiver, or person with identification card, in all zones and all specific plan areas in the city. This provision is now inconsistent with State law." The proposed ordinance would prohibit outdoor cultivation of cannabis and also prohibit all commercial cannabis cultivation. It would allow indoor cultivation in a private residence or in a fully enclosed and secured structure at a residential site. Indoor cultivation would be restricted to persons 21 and older and limited to six plants per residence no matter how many adults live there.

"Consistent with State law, the amendments also contain exemptions that allow persons 21 years of age or older to: smoke or ingest cannabis or cannabis products; possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older 28.5 grams (one ounce) of cannabis, or eight grams of concentrated cannabis; and possess, plant, cultivate, harvest, dry or process up to six cannabis plants for personal use in a private residence, or inside an accessory structure located upon the grounds of a private residence, subject to compliance with indoor cultivation requirements of the proposed ordinance," according to the report.

The draft ordinance amendment is attached to the agenda for the November 1 city council meeting. It is available for review at ridgecrest-ca.gov/council-agendas

The ordinance would amend the city's municipal code and would therefore apply to activities within city limits. On Oct. 24 the Ridgecrest Planning Commission voted unanimously to recommend the ordinance to the Ridgecrest City Council. Council's approval is required before the municipal code amendment becomes law.

The Kern County Board of Supervisors on the same day voted four to one to ban commercial and medical cultivation and sales in the unincorporated areas of Kern County. The city also previously expressed agreement with this idea when they voted unanimously to write a letter to Kern County supporting a ban of all commercial cannabis activities in incorporated areas. Mayor Peggy Breeden was not present for that vote.

The regular council meeting is scheduled for Wednesday, November 1 at 6 p.m., at City Council Chambers at City Hall, 100 W. California Ave in Ridgecrest. It will also be broadcast on Mediacom Channel 6 and streamed online at Government - Watch Live Meetings.

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Full Article: Council to conduct public hearing on cannabis restrictions Nov. 1 - News - Ridgecrest Daily Independent - Ridgecrest, CA - Ridgecrest, CA
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