California: Marysville Might Have Hit On Right Combination

Robert Celt

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Marysville City Council members are now catching a little grief from people on both sides of the medicinal marijuana issues for seemingly passing, on first reading, two separate ordinances that seem contradictory.

The thing is, we're not so sure they are contradictory. They might, both together, bring about tighter control of medicinal marijuana production and distribution.

The Marysville City Council is simultaneously considering:

- Tightening cultivation regulations. At the meeting last week, members voted on a new ordinance to ban it altogether in city limits (but for one exception – that dispensary operators could grow indoors). The ban is based on the ordinance instituted some time back in Live Oak, which has been tested and upheld in courts.

- Loosening rules for dispensaries by increasing the possible locations where they could be. The proposal they approved on first reading would allow up to two dispensaries inside of the city limits. Dispensaries would require conditional use permits – each would be reviewed by the planning commission and council.

The current dispensary ordinance is so restrictive as to make locating one in city limits essentially impossible.

With the new ordinance, a dispensary could be in the Medical Arts District. Why there? We're not sure. Outside of that area it's also possible a dispensary could be sited, but it would have to not be near a school or day care or within 500 feet of a residential area, park, library or recreational area.

Dispensary owners would be required to provide security, obey operation hours and ban minors.

And here's a biggie: They would be required to provide annual funding for the full cost of a city police officer. We're not sure, but that would mean a dispensary would have around a hundred-grand item topping the expense column. But, hey, it seems there's still interest, and the city would stand to take in some substantial revenue for legalizing what's going on somewhere, somehow, anyway.

It's a pot issue, so there was bound to be some contention. Sure enough, the audience in attendance (which included pros and cons living in and outside the city limits – many rural county residents feel the city ordinance will have ripple effects countywide) seemed evenly divided. Marijuana proponents and opponents each won one and lost one, it was said.

Again, we're not sure about that. It sort of seems people who want more control over marijuana use got a solid victory.

The council was split on the issues, too. Both votes were 3-2 with Mayor Ricky Samayoa and council members Bill Simmons and Chris Pedigo voting in favor of both and Dale Whitmore and Jim Kitchen opposing both.

Whitmore explained later he voted against the dispensary ordinance because he doesn't want them in town – he's afraid it allows the camel into the tent. And he voted against the ban because the ordinance contains that exception for dispensaries – he'd have made it a total ban. He also feared allowing dispensaries in town could entice more users to come to town.

Those who protest the allowance for dispensaries see it as giving in to the pot proponents, and all of that goes with that.

Regardless, there was a feeling, evidently, the city might as well try to get out in front of the issue. Simmons, a fairly conservative council member, argued the ordinance is sufficiently stringent it "doesn't open the door to anybody who wants to come in."

The state will be taking over much of the control and regulation of medicinal growing and dispensing. But communities are still able to decide at what levels the activities are allowed in their borders. At least, that's the current take on the situation.

And this has only to do with medical-use marijuana. Who knows what communities will face in the coming year or two with the possibility of legalization of recreational use of marijuana?

Marysville bans the ability for people to personally grow their own marijuana, as it makes it possible to have regulated dispensing of marijuana. We're not so sure that isn't the right combination. Time will tell.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: California: Marysville Might Have Hit On Right Combination
Author: Editorial
Contact: Appeal-Democrat
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Website: Appeal-Democrat
 
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