CA: Rancho Mirage Pot Laws Revised After Prop. 64 Passage

Katelyn Baker

Well-Known Member
Rancho Mirage reaffirmed its ban on medical marijuana dispensaries Thursday and expanded its prohibition to include recreational pot and all forms of pot manufacturing, processing and testing within city limits.

Council also tightened the reins on cultivation. While Proposition 64 allows for up to six marijuana plants per household to be grown indoors only, the city's ordinance adds that those plants must be kept out of public view.

"They can't be seen from a public street or sidewalk," City Attorney Steve Quintanilla said.

The revision of the city's ordinance follows last week's passage of Proposition 64, also known as the Adult Use of Marijuana Act, which legalizes recreational use of marijuana by adults, ages 21 and older.

In January 2018, the state will begin to issue licenses for commercial dealing of marijuana but cities still have the right to create their own laws and continue any existing bans, Quintanilla said.

The Coachella Valley's nine incorporated cities have varying pot ordinances, which initially sprouted up after the state's legalization of medicinal marijuana in 1996.

Palm Desert, Rancho Mirage, La Quinta and Indio have banned dispensaries and cultivation. Coachella doesn't allow dispensaries but manufacturing and cultivation can take place in one specific area of the city.

On the heels of Proposition 64's passage, the Coachella City Council was asked to consider reversing its ban on dispensaries and amend its zoning ordinance regarding cultivation. The City Council made no decisions but is expected to hold a study session in the near future.

In October, anticipating the passage of Proposition 64, the Indian Wells City Council reaffirmed its ban on dispensaries and delivery by approving amendments to its ordinance covering all forms of marijuana.

Palm Springs and Cathedral City allow dispensaries, as does Desert Hot Springs, which has also opened the door for cultivation of plants and in September welcomed the 9,600-square-foot Canndescent grow facility.

Indian Wells and Indio have also banned delivery, while Palm Desert and La Quinta are looking at whether to relax their delivery bans.

Rancho Mirage allows delivery of marijuana by city-licensed businesses and that won't change under its revised ordinance, except to remove the word "medical," Quintanilla said.

Earlier this year, the La Quinta and Palm Desert city councils each formed citizen-involved ad hoc committees to help draft regulations to allow delivery within their cities.

Both of those committees continue to meet and neither has yet brought a draft ordinance to their respective council.

Palm Desert's Cannabis Committee has been meeting regularly to discuss the short and long term effects of Proposition 64, Community Development Director Ryan Stendell said.

At the committee's request, the city has created a flier which explains what the law does and does not allow, which is available at City Hall, Stendell said. It has also been emailed to anyone with questions and handed out by city code compliance officers in the field.

A second flier, a fact sheet focused on the rules for growing plants indoors, is in the works and will be distributed in the same way when available, Stendell said.

"As Prop. 64 allows a full year until the state will begin issuing licensing for legal AUMA dispensaries we will continue meeting with our internal team to discuss what recommendation we would like to bring forward for consideration by the entire City Council," Stendell said.

La Quinta's current law bans all cannabis related uses in the city and is not limited to medical marijuana.

"The ordinance does refer to and cite specific state medical marijuana provisions, but La Quinta's general ban was always intended to be broad so as to cover all cannabis related uses," City Attorney Bill Ihrke said.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Rancho Mirage Pot Laws Revised After Prop. 64 Passage
Author: Sherry Barkas
Contact: (760) 322-8889
Photo Credit: Christopher Furlong
Website: The Desert Sun
 
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