CA: Camarillo Calls 'Time Out' On Recreational Pot Use

Katelyn Baker

Well-Known Member
The Camarillo City Council on Wednesday unanimously approved an emergency interim ordinance in response to the passage of Proposition 64, which legalizes recreational marijuana in California.

Under the city's emergency interim ordinance, a 45-day moratorium is in place on non-medical marijuana facilities and private marijuana cultivators.

It prohibits marijuana businesses from operating in the city, though private cultivation of up to six plants is still allowed with certain restrictions inside a residence or secured accessory structure.

California voters approved Prop. 64 on Nov. 8. In Camarillo, about 56 percent of voters favored passage, according to unofficial election results.

Camarillo City Attorney Brian Pierik told the council during a study session Wednesday that the interim ordinance is to give cities time to develop permanent ordinances and give a "time out" on a number of activities legal under the recreational marijuana act.

Pierik said the city is "very proactive" in responding to passage of Prop. 64 with its own interim ordinance.

"This election was just eight days ago, and we're already in front of you with an interim ordinance. You can't get much faster than that," he said. "We basically need time to develop an appropriate permanent ordinance, see what the state will do on regulations, and do more research," Pierik said.

Medical marijuana is already addressed under the current municipal code.

Pierik said Prop. 64 allows "substantial local control with respect to recreational marijuana."

For example, cities may ban all marijuana businesses. The state will not issue a license to a marijuana business if the business violates a local ordinance.

Camarillo Police Chief Chris Dunn said the police department needs direction from the city on how to enforce Prop. 64, since the proposition left regulation up to local jurisdictions.

Cultivation of marijuana inside a residence requires consent of the property owner and must comply with building codes. No gas products or chemicals can be used. No deliveries of marijuana are allowed in the city.

Pierik noted that marijuana can't be smoked in a public place under Prop. 64, and no smoking of marijuana is allowed in the city where smoking of tobacco products is also prohibited. Smoking of marijuana isn't allowed within 1,000 feet of a school, daycare or youth center while children are present.

No smoking or ingesting of marijuana is allowed while driving or as a passenger in a vehicle, aircraft or boat.

Pierik said the council will consider extending the interim ordinance at its Dec. 14 meeting. He said that he doesn't believe a permanent ordinance will be ready at that meeting. The city can continue to extend the interim ordinance until Oct. 17.

Pierik said some of the questions that the council will consider is if it wants to ban marijuana businesses in the city and whether to allow outdoor cultivation of marijuana. He said the city can also explore if it wants a permit system for those who grow marijuana inside their homes.

He said cities may "reasonably regulate" private indoor cultivation but can't completely prohibit it.

Also on Wednesday, the council heard from several Camarillo Springs residents who are concerned about plans to close the Camarillo Springs Golf Course and develop the property.

Among their concerns is safety, because the golf course is a flood plain with drainage from the community during rains. Camarillo Springs homes were damaged by mud and a debris flow during heavy rainfall in 2014.

"We're going to continue to come here until this is resolved, and as you know, we can fill up the council chamber in order to be heard," said Barbara Williams, president of the Springs Homeowners Association.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Camarillo Calls 'Time Out' On Recreational Pot Use
Author: Michele Willer-Allred
Contact: 805-437-0000
Photo Credit: Joe Rondone
Website: Ventura County Star
 
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