Redding City Council Deadlocks on Medical Marijuana Ordinance

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The Redding City Council deadlocked Monday evening on what was to be a routine vote on the medical marijuana regulations it approved last week.

Councilwoman Missy McArthur changed her vote, siding with Patrick Jones against the new regulations, though for different reasons.

"I voted yes on Tuesday but now I feel it's act in haste and regret in leisure," McArthur said, adding there are too many unresolved questions about the new regulations. Jones voted against the city regulations because federal law forbids marijuana possession, and he did not want to put Redding officials in conflict with that law.

Council members Mary Stegall and Dick Dickerson voted a second time for the medical marijuana rules, which give the police chief power to determine whether collectives are following Proposition 215 and the state attorney general's guidelines for complying with that law.

Nearly a dozen speakers addressed the council on the regulations Monday, which would give police the power to inspect a collective's records and forbid the cultivation of cannabis at any of the estimated 20 to 30 co-ops now doing business in Redding.

Existing dispensaries could stay where they are under the new regulations, but would have to apply for a permit.

Most of the speakers were medical marijuana collective owners or patients. All agreed the city needed to impose order on what some have called the "green rush" mentality of the mushrooming of cannabis clubs in town.

But many speakers called particular provisions of the ordinance - such as a requirement that children not be allowed in the clubs - too onerous and even dangerous. Some also criticized city officials for being ignorant of basic facts about medical marijuana dispensing, such as not knowing whether "cloning" a cannabis plant is the same as cultivation, which Redding's ordinance would prohibit at clubs.

"How are you going to legislate keeping the bathroom locked," said Frank Augusta, a collective owner. "We need to stop and take time to discuss this together. The reason we are in such a rush is these clubs are blowing up all over town. But when I approached the city with insurance and paperwork back in May, you did not want to see it. I rented extra space for cloning, but now you are putting legislation in that says I can't do it. This is moving too fast. This can be done a better way."

McArthur indicated she would favor appointing a task force to work out details of the medical marijuana regulations with collective owners and other interested people.

Stegall had been the first to suggest appointing a task force, saying the process worked well when the council was trying to come up with rules governing boat passage on the Sacramento River during Cypress Avenue Bridge construction.

City Attorney Rick Duvernay said that the medical marijuana ordinance was not a set of hard and fast rules, like the bridge passage, but each permit would be individually negotiated, much like a permit to build a shopping center or subdivision.

Duvernay and City Manager Kurt Starman urged the council to pass the ordinance with the understanding it would be reviewed after three months, when a task force could be formed to work on any major issues.

That idea satisfied Stegall, but not McArthur, who had raised concerns Oct. 20 about whether police access to a collective's records would violate patient privacy laws.

The council met in special session Monday evening to pass three medical marijuana-related measures "on second reading" before they go into effect, as required under state law.

Usually, the council debates and modifies any proposed ordinance before adopting it the first time, or "on the first reading," and the second reading is routine with no discussion.

But people attending the meeting Monday asked the council to pull the main ordinance regulating cannabis clubs off its consent calendar for full debate in open session.

The council Monday passed on second reading the two other ordinances without discussion. One asks the Planning Commission to consider standards for marijuana cultivation and to codify zoning to keep cannabis clubs 300 feet from homes and at least 1,000 feet from schools, youth centers, libraries and other collectives.

The other ordinance passed imposes a 45-day moratorium on new medical marijuana collectives until the regulations take effect. That moratorium, now in effect, will likely be extended, since the regulations are technically still unapproved.

Mayor Rick Bosetti was absent Monday to break the tie. The council will vote again on the regulations when all five members are present, likely some time next month.



News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Redding.com
Author: Scott Mobley
Contact: Redding Record Searchlight: Local Redding, California News Delivered Throughout the Day.
Copyright: 2009 The E.W. Scripps Co.
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