California: City's Bans Medical Marijuana Cultivation

Jacob Redmond

Well-Known Member
Santa Maria's City Council voted unanimously to ban the cultivation of medical marijuana within city limits, but to allow its delivery, under heavy regulation, to those with specific medical needs at its regular meeting Tuesday.

Cities throughout California have been rushed to determine their local laws and regulations on medical marijuana by March 1, 2016, after several bills, together known as the Medical Marijuana Regulatory and Safety Act, were passed by Gov. Jerry Brown.

"The statutes provide that the city council has the authority to step in within a very short window here and preempt the state law and preserve local control on these issues," Assistant City Attorney Kristine Mollenkopf said.

During public hearing, there were several speakers opposed to the sweeping bans, but several were in favor.

"We need to make sure we keep our eye on the ball here. We have a marijuana epidemic in our community and it starts with our youth," Edwin Weaver, director of Fighting Back Santa Maria Valley said.

Claire Wineman, President of the Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties cautioned against the over-regulation of cultivation as it pertains to business and agriculture in the area.

"While we absolutely support the careful regulatory oversight of pharmaceutical product, we also support creating a business environment that does not put our local businesses as a competitive disadvantage," Wineman said.

Constance McLaughlin-Miley of Sweet Green Apothecary brought the attention back to those with certified medical reasons and the necessity for delivery.

"For many of these patients, it would represent a hardship, a true hardship, if they were physically unable to travel outside their home to acquire medical cannabis," McLaughlin-Miley said.

The desire to support those severely ill persons in the community who are unable to travel to get medical marijuana outside of city limits ultimately led the council to decide not to ban delivery.

"I believe that allowing the deliveries is the compassionate thing to do," Councilwoman Terri Zuniga said.

The council spoke adamantly, however, against cultivation, especially as a public safety concern.

"I think society has called it a new name with cannabis, and it is still marijuana," councilwoman Etta Waterfield said. "As far as commercial and personal harvesting, I'm completely against it."

The council also held a public hearing allowing residents to weigh in on proposed fee increases for Recreation and Parks facilities, programs and services. A resolution is proposed that would increase fees to get back on track with inflation after a 15-year gap in which fees were not ever increased.

After several coaches, parents of athletes and other community members spoke in hopes that either no fee increase would occur, or that the minimum increase would occur, the council voted for the minimum increase to occur. The new requirement will be for large sports organizations to pay an approximate 15-percent increase to their current fees and that the full collection of the increase be fully implemented over a three-year period.

An example of the increase is for Babe Ruth baseball, which currently pays $351 per team, but will pay $403 with the increase which equates to a 15-cent increase per player, per year.

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News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: City's Bans Medical Marijuana Cultivation
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Photo Credit: The Associated Press
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