CA: Ridgecrest Planning Commission To Talk Cannabis Ordinance Tonight At Six

Ron Strider

Well-Known Member
When the Planning Commission meets tonight, they will be talking about marijuana. On the agenda is an ordinance amending the Ridgecrest municipal code as it relates to commercial cannabis activities.

The proposed municipal code amendment would prohibit, restrict, and regulate medical, non-medical and commercial cannabis to the fullest extent authorized by state law.

The Planning Commission is being asked to decide whether or not to recommend that the Ridgecrest City Council approve the proposed cannabis ordinance. The Planning Commission acts as an advisory body to the Ridgecrest City Council on matters related to land use and zoning.

According to a staff report, “The City currently prohibits the cultivation of cannabis for commercial and non-commercial purposes, including cultivation by a qualified patient, primary caregiver, or person with identification card, in all zones and all specific plan areas in the city. This provision is now inconsistent with State law. The proposed Ordinance would explicitly prohibit outdoor cultivation of all cannabis. It would also prohibit all commercial cannabis cultivation. The proposed Ordinance allows the indoor cultivation of cannabis in a private residence, or inside a fully enclosed and secured structure located at the residential site. In addition, indoor cultivation may be carried out only by a person who is at least 21 years old, and indoor cannabis cultivation is limited to six plants total, whether immature or mature, regardless of how many persons who are at least 21 years old reside at that private residence.”

The report further states that:

“The City currently prohibits the issuance of a business license for medical cannabis stores, dispensaries or co-ops and mobile cannabis dispensaries. The City also prohibits all medical cannabis stores, dispensaries, or coops that are broadly defined to mean “any location, structure, facility, vehicle, store, coop, residence or similar facility used, in full or in part, as a place at or in which cannabis is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, or cultivated, including any of the foregoing is used in the delivery of cannabis.” The City’s current cannabis regulations prohibit conduct that is allowed under the AUMA (i.e. all cannabis cultivation), and do not expressly address all forms of commercial cannabis activity. The proposed Ordinance would amend the Ridgecrest Municipal Code to expressly prohibit commercial cannabis activity and uses, whether for medical or non-medical purposes, except for the public health, safety, and welfare of the City would benefit from permitting a limited exception for the inpatient use of cannabis for medical purposes at hospitals and other medical facilities offering long-term stay for patients provided that the hospital or other medical facility obtains a Special Use Permit from the City. The proposed Ordinance would also explicitly prohibit outdoor cultivation of cannabis throughout the City, and allow limited indoor cultivation of cannabis at private residences subject to compliance with the flowing specified regulations, in accordance with the AUMA:

“A. The outdoor cultivation of medical and/or non-medical cannabis for personal use is prohibited within the jurisdictional boundaries of the City.

“B. The indoor cultivation of medical and/or non-medical cannabis is permitted only to the extent authorized by State law, and subject to the following restrictions:

″(1) The cannabis shall be cultivated inside a private residence;

″(2) The cannabis shall be cultivated for personal use of the resident. If the resident is a primary caregiver, the cannabis may be cultivated for use by a qualified patient;

″(3) No more than six living cannabis plants may be cultivated inside a private residence;

″(4) The resident shall comply with all applicable fire, health and safety codes;

″(5) If the resident is a tenant, he or she must obtain permission to cultivate cannabis plants from the landlord, land owner, property manager or other similar person having control over the private residence; and

″(6) The cannabis plants shall not be visible for any public-right-of-way.

“C. This section is not intended to interfere with any landlord-tenant agreement which prohibits the cultivation or use of cannabis in or upon the grounds of any premises.”

In addition, the city currently prohibits medical cannabis dispensaries.

According to a staff report, “The proposed Ordinance would amend the Ridgecrest Municipal Code expanding its regulations to address both medical and non-medical cannabis. The proposed Ordinance would add the definition of “commercial cannabis activity” which is broadly defined to include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and/or cannabis products, for medical, non-medical, or any other purposes.”

The commission will also hear a continued hearing on abatement regarding a property on Sunset Street.

The Planning Commission will meet today, October 24 at 6 p.m., at City Council Chambers, City Hall, 100 W. California Ave.

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