CA City Begins Discussion Over Potential Medical Marijuana Cultivation Regulation

Robert Celt

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Monday's Public Safety Subcommittee meeting hosted those urging Martinez officials not to follow in the footsteps of other Contra Costa County cities by banning medical marijuana cultivation in the city.

Discussion came following Governor Brown's signing in October 2015 of the Medical Marijuana Regulation and Safety Act in order to create a framework to overseeing the growing and selling of medical marijuana.

The act originally stated that cities were required to take action on the cultivation and delivery of medical marijuana by March 1st, otherwise it would become permissible by law on the state level.

Unwilling to relinquish power to set their own local policy to the state by allowing the regulation to be imposed on March 1st, multiple local governments outright banned medical marijuana cultivation. Cities in Contra Costa County include Antioch, Lafayette, Oakley, Orinda, San Pablo, San Ramon, and Richmond.

Cities like the ones in Contra Costa County were only a small few of the hundreds who also took instituted blanket bans in an effort to move quickly and potentially ease the bans over time. As a result, the state moved quickly to sign AB21 last Wednesday, which changed the March 1st deadline to sometime in 2018. The state claims that they never intended for a deadline to be set, and that it was a drafting issue that went unaddressed.

The removal of the deadline gives Martinez and other cities significantly more time to determine what action will be taken in the future, if any. Monday's Public Safety Subcommittee meeting presumably kicked off what will continue to be discussed at various council meetings and workshops to come.

Current city policy adopted in 2014 prohibits the cultivation of marijuana outdoors, however indoor cultivation is allowed based on city zoning regulation.

Multiple residents at the meeting urged the city staff to consider looking at previous city cannabis laws and modernizing regulations by working with the state. Many urged the city to avoid engaging in a blanket ban of cultivation and emphasized banning delivery would make it extremely difficult for patients who can't travel to outside cities.

"We don't want to ignore the situation and let the state regulate us," said Councilwoman Avila Farias. She called discussion a first step for the city to engage discussion, better educate themselves on a decision to be made down the line, and to create a timeline for when that might be determined. "Having the dialogue and discussing how we are going to balance this is important," she explained.

Don Duncan of Americans for Safe Access encouraged staff to move cautiously on establishing regulations. "Research has shown that regulations tend to preserve legitimate access for patients in communities, but also reduce crime and complaints in neighborhoods. You don't see that same benefit when cities move that activity out of the light and back to the shadows," Duncan noted.

Duncan also urged against banning delivery and says there is currently no evidence that it is dangerous, but said regulation would ensure taxes are paid and background checks are run. "It has a very low public profile,"

Duncan added in regards to concerns about danger. "Delivery may be a lifeline for someone who is homebound or bedridden," He explained about the importance of not banning delivery in Martinez.

Others in attendance in favor of a blanket ban or strict regulations over cultivation cited neighborhood safety concerns, particularly regarding indoor cultivation where amateurs are growing cannabis in potentially unsafe environments.

Councilwoman Avila Farias recommended that the topic be brought back to the next City Council Meeting as an education presentation in order to bring other members of the council up to speed as well inform Martinez residents about best practices. She encouraged any recommendations for experts on the matter to contact Police Chief Sappal.

Although nothing is set in stone, one way Avila Farias envisions the process going starts with multiple educational presentations, followed by a workshop sometime in June, and ultimately being brought back to the Planning Commission.

Also on the agenda at the Public Safety Subcommittee Meeting was a discussion on active shooter protocols in the unfortunate event of an active shooter in a city council meeting. One tangential idea considered was to reach out to the Martinez Unified School District to inform and train students on protocol by having officers check in with schools once a month.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA City Begins Discussion Over Potential Medical Marijuana Cultivation Regulation
Author: Joseph Bustos
Photo Credit: Aessandro Bianchi
Website: Martinez News-Gazette
 
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