Katelyn Baker
Well-Known Member
Gustine - The passage of Proposition 64 in November legalizes recreational marijuana in California, but cannabis is still subject to local codes which in some cases are more restrictive than the broader framework of state guidelines.
In one exception, the ballot measure imposes a lower limit of plants which can be cultivated for personal use than was previously allowed by city code.
While some cities - Newman, for example - have enacted local ordinances prohibiting the cultivation, sales and delivery of marijuana altogether others, including Gustine, took a less restrictive approach to the issue when reviewing medical marijuana laws earlier this year.
With the passage of Prop. 64, the local codes will also regulate recreational marijuana cultivation and use.
In one regard, the state ballot measure legalizing recreational marijuana use is actually more restrictive than Gustine's ordinance. The state measure allows cultivation of no more than six plants - which is a lower number than medical card-holders could have legally grown previously under the city code. That new limit of six plants applies to recreational and medicinal marijuana users, Police Chief Doug Dunford told Mattos Newspapers.
And while any person 21 or older can now, under state law, grow and use cannabis, in Gustine they can only cultivate marijuana within a building which is not a livable space.
Furthermore, Dunford noted, the municipal code dictates that odors from the use or cultivation of marijuana not offend others.
"We're not saying you can't do it. You just can't bother other people," he stated. "If anybody is irritated by the smell of it, it is a municipal code violation."
Other restrictions imposed by the measure also apply - such as a ban on smoking marijuana anywhere tobacco smoking is prohibited, according to the chief.
Gustine and many other California cities revisited their laws regulating medical marijuana earlier this year in lieu of allowing more permissive state guidelines to take precedent - and did so in anticipation that recreational marijuana use would be legalized as well.
Gustine kept in place guidelines it had previously adopted for the cultivation of marijuana by those with medical cards, and added provisions which allow (but regulate) the commercial delivery of marijuana.
The city also banned cultivation for commercial purposes and prohibited marijuana dispensaries.
"The council had the foresight to pass these laws knowing that this might happen," Dunford commented recently. "They understood that if (legalization) passed, anybody could grow it and commercialize it. They said that Gustine would allow but restrict (cultivation and delivery)."
Those decisions, he added, reflected a desire of the council to balance community impacts with the needs of medicinal marijuana users.
"The council looked at ways of making this fair for everybody," Dunford commented.
For now, delivery is only legal to medical card holders as the state has yet to establish a retail system for the sale of marijuana for recreational purposes.
One of the ironies in the legalization, Dunford said, is that while those 21 and older can use and possess marijuana (up to an ounce of cannabis or eight grams of concentrate), those without a medical card cannot at this time legally purchase marijuana or marijuana plants. Establishment of licensed retail outlets may not occur until 2018.
"You can smoke it, but not purchase it," the chief stated.
Those who violate the local municipal codes regulating marijuana are subject to citation with fines starting at $100, Dunford said.
Dunford voiced a number of concerns surrounding the legalization of recreational marijuana use.
One, he said, is the absence of a definitive test to determine when a driver is under the influence of marijuana.
Another, Dunford reflected, is the increased availability of marijuana to those under 21 years of age.
"It is going to cause some issues," he predicted. "It is going to make it more accessible to minors."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Local Regulations Frame Marijuana Use
Author: Staff
Contact: Westside Connect
Photo Credit: iStock
Website: Westside Connect
In one exception, the ballot measure imposes a lower limit of plants which can be cultivated for personal use than was previously allowed by city code.
While some cities - Newman, for example - have enacted local ordinances prohibiting the cultivation, sales and delivery of marijuana altogether others, including Gustine, took a less restrictive approach to the issue when reviewing medical marijuana laws earlier this year.
With the passage of Prop. 64, the local codes will also regulate recreational marijuana cultivation and use.
In one regard, the state ballot measure legalizing recreational marijuana use is actually more restrictive than Gustine's ordinance. The state measure allows cultivation of no more than six plants - which is a lower number than medical card-holders could have legally grown previously under the city code. That new limit of six plants applies to recreational and medicinal marijuana users, Police Chief Doug Dunford told Mattos Newspapers.
And while any person 21 or older can now, under state law, grow and use cannabis, in Gustine they can only cultivate marijuana within a building which is not a livable space.
Furthermore, Dunford noted, the municipal code dictates that odors from the use or cultivation of marijuana not offend others.
"We're not saying you can't do it. You just can't bother other people," he stated. "If anybody is irritated by the smell of it, it is a municipal code violation."
Other restrictions imposed by the measure also apply - such as a ban on smoking marijuana anywhere tobacco smoking is prohibited, according to the chief.
Gustine and many other California cities revisited their laws regulating medical marijuana earlier this year in lieu of allowing more permissive state guidelines to take precedent - and did so in anticipation that recreational marijuana use would be legalized as well.
Gustine kept in place guidelines it had previously adopted for the cultivation of marijuana by those with medical cards, and added provisions which allow (but regulate) the commercial delivery of marijuana.
The city also banned cultivation for commercial purposes and prohibited marijuana dispensaries.
"The council had the foresight to pass these laws knowing that this might happen," Dunford commented recently. "They understood that if (legalization) passed, anybody could grow it and commercialize it. They said that Gustine would allow but restrict (cultivation and delivery)."
Those decisions, he added, reflected a desire of the council to balance community impacts with the needs of medicinal marijuana users.
"The council looked at ways of making this fair for everybody," Dunford commented.
For now, delivery is only legal to medical card holders as the state has yet to establish a retail system for the sale of marijuana for recreational purposes.
One of the ironies in the legalization, Dunford said, is that while those 21 and older can use and possess marijuana (up to an ounce of cannabis or eight grams of concentrate), those without a medical card cannot at this time legally purchase marijuana or marijuana plants. Establishment of licensed retail outlets may not occur until 2018.
"You can smoke it, but not purchase it," the chief stated.
Those who violate the local municipal codes regulating marijuana are subject to citation with fines starting at $100, Dunford said.
Dunford voiced a number of concerns surrounding the legalization of recreational marijuana use.
One, he said, is the absence of a definitive test to determine when a driver is under the influence of marijuana.
Another, Dunford reflected, is the increased availability of marijuana to those under 21 years of age.
"It is going to cause some issues," he predicted. "It is going to make it more accessible to minors."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Local Regulations Frame Marijuana Use
Author: Staff
Contact: Westside Connect
Photo Credit: iStock
Website: Westside Connect
