Medical Marijuana: What Will The Guidelines Be?

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
If the Arcata City Council approves of the new medical marijuana guidelines tonight, patients, caregivers and dispensaries in the inland areas of the city will have to adhere to regulations imposed on the cultivation and dispensing of medical marijuana.

The council will vote on amending the guidelines, which aim to regulate how dispensaries operate in hopes of curbing Proposition 215 abuse, and add them to the recently adopted land use codes. The guidelines -- which will apply to all areas of Arcata except those that remain in the coastal zone, which is located mainly in the bottoms as well as south G Street -- will go into effect in about a month, according to senior planner Joe Mateer.

The guidelines cover everything from the definition of medical marijuana terms to how medical marijuana can legally be cultivated in a residence. It will also cover the permitting of cooperatives or collectives.

For residential grows of Prop. 215 patients and primary caregivers, restrictions would be placed on space and lighting wattage.

Also, the grower must be a resident in the house where the grow is cultivated and cannot have a grow in another home. And there can be no signs of the grow inside or outside of the house.

No sale or dispensing of medical marijuana for personal use is allowed. Any residences exceeding limits will be required to have documentation of a need for more cultivation.

Mateer emphasized that a process is in place to validate
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any complaints made against houses that may be in violation of the guidelines. The process will include the filing of a complaint, notices and an inspection, which could result in disconnecting electrical meters because of potential electrical hazards, said staff reports.

Violations could also result in a criminal or civil injunction with penalty .

For the dispensaries, permitting will be limited to specific zones. The guidelines will put restrictions on the number of dispensaries in the area, as well as the source of medical marijuana. Dispensaries will have to submit a detailed operations manual to provide a transparent overview of their daily operations and record keeping, as well as submit to an annual review.

The city will regulatie the number of clinics. For now, the cap will be at four. If two of the four dispensaries stop operating, the cap will stay at two.

The council will take public comments before considering the amendments at the meeting tonight at 6 p.m. at City Hall.

To review the complete guidelines, visit City of Arcata - Home.


Guideline highlights:


Residential:

* Cultivation area shall not exceed 50 square feet and ten feet in height per residence

* Lighting shall not exceed 1,200 watts

* Use of gas products for cultivation or processing is prohibited

* Residence shall maintain kitchen, bathroom and primary bedroom for their intended use and not for cultivation


Dispensaries:

* Total number of dispensaries will be limited with the ultimate goal of reducing the number from four to two

* If use permit calls for limited on-site cultivation, the cultivation cannot exceed 25 percent of the total floor area with a cap of 1,500 square feet and ten feet in height

* Qualified patients can be a source of medical marijuana, but they must be a member of the cooperative or collective, and cannot be paid. The dispensary can credit the patient.

* Hours of operation must be between 8 a.m. and 8 p.m. unless otherwise specified in a permit


News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Times-Standard
Author: Donna Tam
Copyright: 2008 Times-Standard
Contact: dtam@times-standard.com
Website: Medical marijuana: What will the guidelines be? - Times-Standard Online
 
Humboldt County DA Paul Gallegos has repeatedly stated he won't prosecute < 100 plants because of case overload, so I guess this signals a return to the old CAMP tactics of search & destroy w/o much intent or focus on arrest and prosecution, which once again turns it into a gamble which the patients will ultimately pay for.
The current county guideline is 100 sq feet & 6kwatts for each patient id w/ up to 99 plants per.
I now live in the city of Berkeley where Measure JJ passed unlimiting the number of plants per collective as well as many other welcomed clarifications to an often confusing law. Oakland remains @ 72. Most other places are 6.
:peace:
Bud
 
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