California: Los Gatos, Saratoga, Monte Sereno: Update On Medical Marijuana Regulation

Robert Celt

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While California cities are rushing to meet a March 1 deadline to maintain local control over medical marijuana, the state is rushing to eliminate that deadline. An author of the legislation that sets up a new, statewide medical marijuana regulatory framework called the March 1 deadline a mistake.

Assemblyman Jim Wood of Healdsburg has introduced, and Gov. Brown says he'll sign, AB 21 to repeal the March 1 deadline with no new deadline set.

The state regulations that took affect Jan. 1 say that if municipalities want to prohibit medical marijuana dispensaries, cultivation and deliveries, they can do so.

Municipalities that don't ban them are automatically subject to the new state rules.

Which is why the Monte Sereno City Council took up medical marijuana at its Jan. 5 meeting and will discuss the topic again on Jan. 19.

Saratoga community development director Irwin Ordinez said, "It is not an issue in Saratoga. We've had an ordinance for some time that prohibits the cultivation and sale of medical marijuana, but it does allow deliveries from licensed dispensaries outside Saratoga."

In other words, Saratoga residents with a doctor-approved medical marijuana card can have cannabis delivered to their home.

Los Gatos banned medical marijuana dispensaries in September 2011, but town attorney Rob Schultz said additional medical marijuana rules will be considered by the town council next month. "Although our current regulation bans deliveries, it is somewhat vague," Schultz wrote in an email. "So staff will be bringing forth an amendment in February to ban deliveries and cultivation."

Monte Sereno, meanwhile, is preparing an ordinance that would allow licensed dispensaries to deliver medical marijuana to residents who have a cannabis prescription. The city council also wants the ordinance to include wording that would prohibit medical marijuana dispensaries in Monte Sereno.

However, since Councilman Burton Craig was absent when the issue was discussed, council members split 2-2 on allowing marijuana patients to cultivate pot for personal use.

"Since we didn't have a majority either way, we're bringing two proposals forward," city attorney Kirsten Powell said. "One would prohibit residents from cultivating medical marijuana for personal use, and the other would allow it."

The proposal that would allow cultivation sets parameters: For instance, residents could only grow six mature plants or 12 immature plants outdoors. Also, cultivation would be in back yards so the plants aren't visible from the street.

Public comment on cultivation, deliveries and dispensaries will be accepted during the special Jan. 19 Monte Sereno council meeting.

The meeting starts at 9 a.m. at Monte Sereno City Hall, 18041 Saratoga-Los Gatos Road.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: California: Los Gatos, Saratoga, Monte Sereno: Update On Medical Marijuana Regulation
Author: Judy Peterson
Contact: San Jose Mercury News
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Website: San Jose Mercury News
 
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