Tehachapi City Council Considers Banning Medical Marijuana Dispensaries

Robert Celt

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The Tehachapi City Council considered an ordinance Monday night that would prohibit medical marijuana dispensaries, cooperatives and collectives – and heard from several people who support the use of marijuana.

The ordinance, which would also ban the mobile delivery, cultivation and processing of marijuana, was only introduced. It will be up for a public hearing and a vote at the March 21 meeting.

The ordinance would mirror that already adopted by the County of Kern. Deputy County Counsel James Brennan addressed the council and explained enforcement.

City staff is recommending the council adopt an ordinance that aligns with the county's until the federal and state governments regulate the issue, City Manager Greg Garrett said following the meeting.

"Marijuana is illegal at the federal level. The federal government is not enforcing it necessarily," Garrett said.

While speakers calmly yet often passionately made their points, at the end of public comments on the issue some people shouted at the council, prompting Mayor Susan Wiggins to tell them they were out of order.

Apline Forest resident John Tarver, who said he has a home in the city, told the council he has had a medical marijuana grow since 2004. He called Proposition 215 a civil rights issue and warned passing the ordinance under consideration would be a civil rights violation. He said an injunction would be filed against the city if the council moves forward.

"Prop 215 is a civil right, (it) lets me grow pot and give it away to people, which I have done here sine 2004," Tarver said.

Liz Ray said marijuana shouldn't be banned even though she isn't familiar with the zoning. She said it is a civil right to grow marijuana in your own house. She stated it was legal in California and the city should not adopt the ordinance.

David Butler questioned enforcement of the ordinance in the unincorporated areas. City Attorney Tom Schroeter reminded the public the ordinance was already in place in county areas.

Tehachapi resident Brian Carter said medical marijuana benefits him due to his post-traumatic stress disorder and social anxiety. He believes people should have the right to grow marijuana, adding he has found it to be more beneficial than prescription drugs he has received for PTSD.

"I felt it was important to speak on behalf of the patients. You know, my quality of life suffers without it. To me, it's not a burden," Carter said, adding his family life is better with marijuana, and it's better than the nine psychiatric medicines he's taken. His comments were met with applause.

Kathy Smith asked for and explanation about the mobile delivery aspect of the ordinance. Schroeter said if the items defined within the ordinance fit the items she was interested in having delivered, then they would be banned.

Linda Attisson said she feels cancer patients, senior citizens and people living in poverty should be able to cultivate medical marijuana based on the costs of prescription medications for pain management.

Dave Whalen, who said he is a medical marijuana patient in Nevada, said adopting the ordinance would take away people's medicine. He doesn't like to take pills, he said, because they make him feel "loopy," but marijuana allows him to function. He claimed medical marijuana cures 18 types of cancer. He asked for consideration for the delivery of medical marijuana.

The second ordinance introduced for consideration Monday night deals with regulating massage businesses. Schroeter said the ordinance covers facility cleanliness.

Councilman Dennis Wahlstrom asked how the ordinance would be enforced. The city attorney said code enforcement officers would have a list of what businesses must do to comply.

Asked by Higgins if the ordinance included spas and related businesses, Schroeter said there are exceptions for some businesses but they would have to be in compliance.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Tehachapi City Council Considers Banning Medical Marijuana Dispensaries
Author: Key Budge
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Website: The Bakersfield Californian
 
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