Chico Council Rejects Ordinance Expressly Banning MMJ Deliveries, Dispensaries

Robert Celt

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The Chico City Council unanimously rejected an ordinance Tuesday that would have expressly banned medical marijuana deliveries and dispensaries in Chico, electing to wait until the November ballot to return to the topic.

"I think we could probably just keep the thing we're doing now, and then see what the state does and then have this discussion," Vice Mayor Sean Morgan said.

Mayor Mark Sorensen said there will likely be multiple initiatives on the November ballot that will shape future discussion, and that the legal landscape will be very different come that time.

Medical marijuana deliveries and dispensaries are currently prohibited in Chico only because they are not specifically permitted in the city's zoning regulations. If a similar use determination is made by the city's Community Development Director, they could be allowed.

The city originally brought this forward because the Medical Marijuana Regulation and Safety Act, signed into law by Gov. Jerry Brown in October 2015, stipulates that cities that do not expressly prohibit the delivery of medical marijuana in their jurisdiction by March 1 will have to accept deliveries from state-licensed dispensaries. However, councilors mentioned the March deadline will likely be revoked, as AB21 passed through both houses on an urgency clause and is waiting to be signed by Brown.

An impassioned public outcry accompanied the topic, with citizens asking council to look into allowing deliveries and dispensaries or discuss more options before banning them entirely.

LeAnn Hastings, whose son has a terminal illness, said that restricting access will not help those who are suffering and in need of medicine. She has 250 patients in pain that she helps for free, she said.

"Not everybody realizes how many people actually use cannabis," she said. "If it wasn't for me, my son wouldn't have had that access."

Hastings said Redding and Sacramento are the closest places to get medicine from dispensaries, and many people are too ill or old to get medicine they need easily.

PhD researcher Gerry Bedore said he has worked with many people who struggle with "the inability ... to access that medicine." He has helped those with anxiety, depression, seizures, insomnia and cancer in his work with cannabinoid therapies, he said.

"Is that (inaccessibility) what we're about as Americans?" he said. "I'm telling you with all my heart and all my soul this is good medicine. It can be regulated."

Chico State University student Canyon Lewis said he uses medical marijuana for anxiety and depression, and is in support of setting regulations in Chico that create a standard for other cities.

"My biggest fear ... is people like me will have to resort to black market cannabis, where we don't know what were getting."

Of note is that Chico is not in jeopardy of losing its independent cultivation licensing authority under state law. It has current regulations that prohibit marijuana cultivation in all city zoning districts aside from residential districts with special conditions.

Councilor Randall Stone suggested the formation of an ad hoc committee to research the issue and possible outcomes, but the initiative was rejected 2-5, with Councilor Tami Ritter also in support.

Ritter also voiced concerns about the ordinance's language.

"It's not just saying that you can't drive (medical marijuana), it's saying that 'citywide prohibition is proper and necessary,'" she said. "If we adopt this ordinance, we're saying there is a citywide prohibition on marijuana."

In 2011, the city repealed an ordinance that authorized permits for two medical marijuana cultivation facilities when former mayor Ann Schwab received a letter from a U.S. Department of Justice attorney. The letter warned that city staff and public officials could be found in violation of federal law and prosecuted if the ordinance remained.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Chico Council Rejects Ordinance Expressly Banning MMJ Deliveries, Dispensaries
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