Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The Yreka City Council tonight will mull the possibility of keeping medicinal marijuana dispensaries out of the city limits of Yreka, with two ordinances on the table regarding that issue.
At the Yreka Planning and Development Commission meeting Wednesday night, City Attorney Mary Frances McHugh prefaced the issue by describing the two ordinances.
Both ordinances contain text claiming that marijuana and the secondary effects of having a dispensary will create a threat to public health, safety and welfare. A report compiled by Yreka Police Chief Brian Bowles cites five incidents in the past two years reporting theft of marijuana grown on private property, four accompanied by violence.
The text reads “during the past two years, the City Police Department reports numerous calls to the department to respond to incidents related to growing of marijuana in residential neighborhoods. These incidents demonstrate that the cultivation of marijuana within the City limits poses a threat to public safety.”
Also detailed in the text are various laws, both federal and statutory, that relate to marijuana. The federal Controlled Substances Act makes unlawful the cultivation, manufacturing, distribution, sale or possession of marijuana. However, in 1996, voters in California approved what is known as the Compassionate Use Act, which allows patients with a doctor’s recommendation to cultivate and use marijuana for medicinal purposes without being in violation of state statutes.
Citing a case decided in the California Court of Appeal, the text states that in City of Claremont v. Kruse, the appellate court upheld that local governing bodies are not preempted by the Compassionate Use Act or the accompanying Medical Marijuana Program from creating land use ordinances barring use for dispensaries or denying business licenses to dispensaries.
Currently, according to appellatecases.courtinfo.ca.gov, the California District four Court of Appeals is reviewing a case in which a challenge to city governments’ ability to ban dispensaries is under consideration, with a decision set to be received by Dec. 22.
In Yreka’s ordinances up for consideration, the first reads, “There shall be an interim prohibition/moratorium on land use approvals and building permits in all zoning districts for medical marijuana dispensaries.” McHugh stated that the moratorium, if approved, would be in effect for 45 days, effective immediately on approval as an “urgency ordinance.”
The second ordinance is an amendment to the city’s zoning laws, written as “Cultivation of cannabis/marijuana plants is prohibited in all zones, except that for those locations identified in Section 16.46.151.A.2. a through d, in which event, cultivation may only occur in the interior of the building at the location. Cultivation may not occur in any accessory building or structure. Cultivation of cannabis/marijuana plants other than as provided herein shall be considered a nuisance as defined in Section 16.08.030 of this code.”
The exempted locations defined in “a through d” include clinics and health care facilities licensed through the corresponding sections of the Health and Safety Code; licensed residential care facilities, including those for the elderly; and those with chronic life-threatening diseases and private residences “where medical marijuana is used by qualified patients who reside at that location.”
The ordinance also states that medical marijuana dispensaries will be prohibited in all zones and considered a nuisance, if passed.
McHugh stated that if the council passes the second ordinance, the issue will be returned to the Planning and Development Commission as per requirements for changing zoning laws.
According to the Web site for the organization “Americans for Safe Access,” eight California counties have banned dispensaries, eight have imposed moratoriums and nine have introduced ordinances relating to the regulation of dispensaries. The site also states that 120 California cities have imposed bans, 78 have moratoriums and 30 have introduced ordinances.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: siskiyoudaily.com
Author: David Smith
Copyright: 2009 GateHouse Media, Inc.
Contact: Contact Us - Siskiyou Daily News
Website: Yreka City Council to decide on medical marijuana dispensaries tonight
At the Yreka Planning and Development Commission meeting Wednesday night, City Attorney Mary Frances McHugh prefaced the issue by describing the two ordinances.
Both ordinances contain text claiming that marijuana and the secondary effects of having a dispensary will create a threat to public health, safety and welfare. A report compiled by Yreka Police Chief Brian Bowles cites five incidents in the past two years reporting theft of marijuana grown on private property, four accompanied by violence.
The text reads “during the past two years, the City Police Department reports numerous calls to the department to respond to incidents related to growing of marijuana in residential neighborhoods. These incidents demonstrate that the cultivation of marijuana within the City limits poses a threat to public safety.”
Also detailed in the text are various laws, both federal and statutory, that relate to marijuana. The federal Controlled Substances Act makes unlawful the cultivation, manufacturing, distribution, sale or possession of marijuana. However, in 1996, voters in California approved what is known as the Compassionate Use Act, which allows patients with a doctor’s recommendation to cultivate and use marijuana for medicinal purposes without being in violation of state statutes.
Citing a case decided in the California Court of Appeal, the text states that in City of Claremont v. Kruse, the appellate court upheld that local governing bodies are not preempted by the Compassionate Use Act or the accompanying Medical Marijuana Program from creating land use ordinances barring use for dispensaries or denying business licenses to dispensaries.
Currently, according to appellatecases.courtinfo.ca.gov, the California District four Court of Appeals is reviewing a case in which a challenge to city governments’ ability to ban dispensaries is under consideration, with a decision set to be received by Dec. 22.
In Yreka’s ordinances up for consideration, the first reads, “There shall be an interim prohibition/moratorium on land use approvals and building permits in all zoning districts for medical marijuana dispensaries.” McHugh stated that the moratorium, if approved, would be in effect for 45 days, effective immediately on approval as an “urgency ordinance.”
The second ordinance is an amendment to the city’s zoning laws, written as “Cultivation of cannabis/marijuana plants is prohibited in all zones, except that for those locations identified in Section 16.46.151.A.2. a through d, in which event, cultivation may only occur in the interior of the building at the location. Cultivation may not occur in any accessory building or structure. Cultivation of cannabis/marijuana plants other than as provided herein shall be considered a nuisance as defined in Section 16.08.030 of this code.”
The exempted locations defined in “a through d” include clinics and health care facilities licensed through the corresponding sections of the Health and Safety Code; licensed residential care facilities, including those for the elderly; and those with chronic life-threatening diseases and private residences “where medical marijuana is used by qualified patients who reside at that location.”
The ordinance also states that medical marijuana dispensaries will be prohibited in all zones and considered a nuisance, if passed.
McHugh stated that if the council passes the second ordinance, the issue will be returned to the Planning and Development Commission as per requirements for changing zoning laws.
According to the Web site for the organization “Americans for Safe Access,” eight California counties have banned dispensaries, eight have imposed moratoriums and nine have introduced ordinances relating to the regulation of dispensaries. The site also states that 120 California cities have imposed bans, 78 have moratoriums and 30 have introduced ordinances.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: siskiyoudaily.com
Author: David Smith
Copyright: 2009 GateHouse Media, Inc.
Contact: Contact Us - Siskiyou Daily News
Website: Yreka City Council to decide on medical marijuana dispensaries tonight
