Medical Marijuana Restrictions Adopted

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The city is cracking down on where medical marijuana users can light up or grow their marijuana — essentially pushing both practices out of the public eye.

With no debate, council members last week adopted an ordinance regulating those activities by a 4-0 vote, with Bart Garcia absent.

Residents must have a doctor-issued medical marijuana card to legally grow or use pot. Locations of those activities had previously been unregulated, leading to complaints about neighborhood impacts of marijuana gardens and, to a lesser degree, about users lighting up in public view.

While council members did not discuss the ordinance before voting for adoption, one audience member applauded the decision.

He related the experiences a family member has had with a marijuana garden next door, saying it has brought an unsavory element to her neighborhood. Lights and alarms to protect the grower's plants from would-be thieves have been a nuisance to neighbors, the speaker said, and vandalism has occurred as well.

Growers are endangering not only themselves but neighbors, stressed the speaker.

Under the terms of the new ordinance, growers will only be allowed to cultivate marijuana within a secure, enclosed structure which meets all building and zoning codes. The area dedicated to marijuana cultivation cannot be within any portion of a building or structure dedicated to living space, and can be no larger than 120 square feet in size.

Police Chief Doug Dunford said the ordinance takes effect 30 days after adoption.

He said police will contact growers it knows of to advise them of the new requirement.

"We will let them know that this has been passed, and that those are the boundaries they must operate within," the chief commented. "If more pop up, we will probably give them a warning and a few days to come into compliance."

Dunford said he is aware of about six locations in the city where holders of medical marijuana cards are growing for their personal use.

"I'm sure there are more," he stated.

City officials say they have no way of knowing how many medical marijuana cardholders reside in Gustine.

In addition, the new ordinance prohibits the use of medical marijuana other than inside a private residence. Furthermore, the ordinance stipulates that no smoke or odor be detectable from any neighboring property.

Those who violate that section of the ordinance, Dunford indicated, are more likely to be cited than warned.

A violation would be a misdemeanor offense punishable by up to six month in jail and/or a fine of up to $500. If the offense was reduced to an infraction, a fine up up to $150 could be levied for an initial violation. Subsequent violations could bring fines up up to $250 for each additional violation within a year's time.

In other action at its Nov. 20 meeting, the council:

· Approved the sale of an airport hangar for $1,000. The sale was approved 3-1, with Pat Nagy dissenting.

· Approved a request for a fee waiver for use of Henry Miller Park for a "Love Gustine" community service day set for April 27. The council also approved the purchase of materials to paint the Gustine pool building during that event, at a cost not to exceed $750.

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Source: westsideconnect.com
Author: westsideconnect.com
 
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