Robert Celt
New Member
Growing medicinal marijuana for at-home use will be illegal in Atascadero starting Feb. 25 – but likely only for about three months.
The Atascadero City Council approved a ban on all medical marijuana cultivation in January, in light of state legislation that required cities to adopt a framework for medical marijuana regulation before March 1 or risk losing local control over the regulation. The ban is set to go into effect next week.
At its meeting Feb. 9, the council voted to repeal that ordinance after it was announced that Gov. Jerry Brown signed a bill at the start of the month removing the state deadline.
"The way I look at this is this: The reason I voted for the ban was because of what the state was doing," Councilman Brian Sturtevant said during the meeting. "My view is I would like to see some sort of lifting of the ban or a hybrid."
The council unanimously agreed to repeal the ban and directed staff to draft a new ordinance allowing some limited cultivation. This will effectively return the city's medical marijuana regulations to its former state.
The decision also makes Atascadero the first in the county to reconsider what many called a rushed ban in light of the state regulations.
"I certainly would agree if there was a way to get back to where we were before – because let's face it, if there had not been a deadline from the state, we would not have acted," Mayor Tom O'Malley said. "We were primarily acting to protect local control, and I think we would all do that again if faced with the same situation. But I don't mind relaxing that to some degree."
Atascadero previously had a ban on both brick-and-mortar and mobile medical marijuana dispensaries where medical marijuana is made available to one or more primary caregivers. It did not have any express regulations regarding marijuana cultivation, although it had consistently taken the position that the zoning code prohibits all medical marijuana businesses.
It did not prohibit limited, at-home cultivation allowed under the Compassionate Use Act of 1996.
The new ordinance would specifically limit the number of plants grown to six mature and 12 immature plants per patient, not to exceed nine mature and 15 immature plants per dwelling unit. It could also potentially prohibit cultivation on vacant land and in front yards.
Because the city had already conducted the second reading for the first ban, it will still be effective from Feb. 25 until the council conducts a second reading on the status-quo ordinance and the subsequent 30-day appeal period concludes.
That will likely occur sometime in May, according to a city staff report. The ordinance will go to the city's Planning Commission on March 1.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA: Atascadero Backtracks On Medical Marijuana Ban
Author: Randall Benton
Contact: The Tribune
Photo Credit: None found
Website: The Tribune
The Atascadero City Council approved a ban on all medical marijuana cultivation in January, in light of state legislation that required cities to adopt a framework for medical marijuana regulation before March 1 or risk losing local control over the regulation. The ban is set to go into effect next week.
At its meeting Feb. 9, the council voted to repeal that ordinance after it was announced that Gov. Jerry Brown signed a bill at the start of the month removing the state deadline.
"The way I look at this is this: The reason I voted for the ban was because of what the state was doing," Councilman Brian Sturtevant said during the meeting. "My view is I would like to see some sort of lifting of the ban or a hybrid."
The council unanimously agreed to repeal the ban and directed staff to draft a new ordinance allowing some limited cultivation. This will effectively return the city's medical marijuana regulations to its former state.
The decision also makes Atascadero the first in the county to reconsider what many called a rushed ban in light of the state regulations.
Tom O'Malley, Atascadero mayor
"I certainly would agree if there was a way to get back to where we were before – because let's face it, if there had not been a deadline from the state, we would not have acted," Mayor Tom O'Malley said. "We were primarily acting to protect local control, and I think we would all do that again if faced with the same situation. But I don't mind relaxing that to some degree."
Atascadero previously had a ban on both brick-and-mortar and mobile medical marijuana dispensaries where medical marijuana is made available to one or more primary caregivers. It did not have any express regulations regarding marijuana cultivation, although it had consistently taken the position that the zoning code prohibits all medical marijuana businesses.
It did not prohibit limited, at-home cultivation allowed under the Compassionate Use Act of 1996.
The new ordinance would specifically limit the number of plants grown to six mature and 12 immature plants per patient, not to exceed nine mature and 15 immature plants per dwelling unit. It could also potentially prohibit cultivation on vacant land and in front yards.
Because the city had already conducted the second reading for the first ban, it will still be effective from Feb. 25 until the council conducts a second reading on the status-quo ordinance and the subsequent 30-day appeal period concludes.
That will likely occur sometime in May, according to a city staff report. The ordinance will go to the city's Planning Commission on March 1.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA: Atascadero Backtracks On Medical Marijuana Ban
Author: Randall Benton
Contact: The Tribune
Photo Credit: None found
Website: The Tribune
