Upland Change In Citation Process Attracts Group Of Medical Marijuana Advocates

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The Police and Fire Committee meeting this week drew a small crowd of medical marijuana advocates.
The advocates spoke out Monday against a proposed administrative citation ordinance that would allow the city to give citations for code violations, including medical marijuana cooperatives operating in violation of city zoning.

"I'm just here to ask you guys to reconsider your position on medical marijuana in your city," said Christopher Kenner, a medical marijuana patient and member of G3 Holistic, a now-closed medical marijuana cooperative in Upland that has been battling the city in court.

"I understand there has been plenty of problems here. These problems can be resolved."

The committee heard a report from city staff and were not to make any decision.

The proposed ordinance would assist the city in addressing code violations, such as unmaintained yards, trash and debris as well as illegal commercial signs.

The city enforces the Municipal Code through public nuisance abatement, voluntary compliance, or criminal prosecution through the court system, according to the staff report.

"What an administrative citation process allows us to do is reduce costs and achieve more efficient compliance by attaching a monetary fine to non-compliance," said Shaun Stone, the city's principal engineer and code enforcement supervisor.

City staff drafted an ordinance based on ordinances adopted by surrounding cities that would impose administrative fines from $100 to $1,000 for each violation.
The amount of each citation would be established by the City Council at a future date.

The ordinance will give residents time to address the violation before having to pay the penalty.

"It avoids having to have a lawyer in the courtroom," said interim City Attorney Jimmy Gutierrez, who drafted a similar ordinance for Chino. "It actually eliminates all court prosecution. It is in my judgment extremely effective."

The city filed an injunction against G3 Holistic and other medical marijuana cooperatives operating in the city in 2010 because their zoning prohibits dispensaries.

The operators of the cooperative have taken the stance that cities are not allowed to ban dispensaries through zoning. The case will now be heard by the state Supreme Court.

The city has spent more nearly $500,000 fighting medical marijuana dispensaries.

The president of G3, Aaron Sandusky, and five others have been indicted on federal drug-trafficking charges. They all pleaded not guilty.

Buryldean Andrews, a medical marijuana patient and member of G3, asked that she be given a chance to obtain medical marijuana in a safe place, rather than on the street.

"We need our medicine and we need it to be a safe place," she said. "I really would appreciate it if you considered that. Thank about the patients, not about the owners."

Staff was directed to proceed developing the ordinance and will bring it back to the committee at a future meeting.

The committee can then make a recommendation to the City Council.

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Source: dailybullentin.com
Author: Sandra Emerson
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Website: Upland change in citation process attracts group of medical marijuana advocates - DailyBulletin.com
 
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