CA: Ordinance Restricting Cannabis Passes First Reading

Ron Strider

Well-Known Member
The Ridgecrest City Council at its meeting Wednesday waived a reading in full and approved a first reading of an ordinance restricting cannabis cultivation and sales within city limits.

If it is approved upon a second reading, the ordinance will amend the city's municipal code to prohibit, restrict, and regulate medical and non-medical cannabis and commercial cannabis activities to the fullest extent allowed under state law. According to City Clerk Ricca Charlon, the item will be heard again by council at its meeting Nov. 15.

Acting Ridgecrest Police Chief Jed McLaughlin gave a quick rundown of the significance of the amended ordinance.

Prior to the legalization of recreational marijuana in California in November 2016 by Proposition 64, the city already had an ordinance in place prohibiting, medical marijuana dispensaries and cultivation within city limits.

McLaughlin said the purpose of the ordinance amendment is "to address and become current with the law" and notes that it prohibits commercial cannabis activities "to the maximum extent under the state law."

McLaughlin said that Prop 64 allows cities and counties to ban and prohibit certain activities. "It permits us to prohibit the commercial retail sales and cultivation of both recreational and medical marijuana."

He added that the law states that some activities have to be permitted, such as recreational or medical use of cannabis by adults 21 and older. Adults are also allowed to grow up to six plants within their private residences.

However, the Ridgecrest ordinance would ban the outdoor cultivation of any marijuana, whether it be medical or recreational use.

The version of the ordinance approved at the meeting incorporated modifications to the draft included in the agenda. The revisions included modifications of language describing use of cannabis within a hospital or medical use facility. This included clarifying that no "walk-ups" or outpatient dispensing of cannabis would be allowed.

McLaughlin later noted that it would still permit chronic illness in-patients to be treated with some form of cannabis and that "it still doesn't prohibit adults 21 and over from utilizing and growing their own, whether recreational or medical."

The first reading of the ordinance was approved after a relatively short public hearing.

Christina Witt argued that cannabis is far less harmful than alcohol and questioned why commercial vending of alcohol is acceptable and cannabis is not.

"If we are doing this for public safety reasons, is the city ever going to consider a ban on alcohol? If not, why?" she said.

"Although marijuana is legal in the state of California, it is still illegal federally," Mayor Pro Tem Michael Mower said.

Mike Neel said he has changed his mind on the medical use of cannabis and now supports it for people who really need it. As for supporting recreational use, Neel said, "I am not quite ready to go there yet."

Former council member Lori Acton asked, "it's OK for medicinal use, but you can't buy it for medicinal use because dispensaries are banned?"′

"If you need them you can grow it in your house, or you can purchase it in a facility," McLaughlin said. He said he is assuming cannabis products will be available for purchase in California City.

The motions to waive reading in full and approve the ordinance first reading were approved unanimously by the four council members present.

Councilman Wallace Martin was absent from the meeting, reportedly due to a family emergency.

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