CA: Highland Moves To Ban Marijuana Businesses, Outdoor Cultivation

Ron Strider

Well-Known Member
The City Council is moving forward with plans to ban commercial marijuana businesses and outdoor cultivation, despite the recent legalization of recreational use and sales in California.

The council has tentatively approved an ordinance prohibiting commercial marijuana activity in Highland and establishing regulations for indoor cultivation at private residences.

The council directed staff to draft the ordinance following the Nov. 8 passage of Proposition 64, which legalized recreational use and possession of marijuana for people 21 and older as well as the growth of up to six plants at a private residence for personal use.

Councilman Jesse Chavez, who joined the council in January, said he "strongly opposed" the ban.

"I think we're looking at this the wrong way," Chavez said, adding that 54 percent of Highland voters supported legalization. "We can get a lot of money out of this if we start taxing it."

Cities throughout the state have been revisiting their marijuana laws since the passage of Prop. 64. Commercial marijuana sales are anticipated to begin around Jan. 1.

While some cities are looking for a way to cash in on the new line of commerce, others want to keep out of the marijuana business.

Before the council vote Tuesday, Highland officials had expressed concerns that allowing marijuana sales could lead to theft, illegal electrical wiring and extensive use of water in cultivation, among other issues.

Mayor Penny Lilburn said she appreciated staff's work on the ordinance.

"There's so much that we have concerns with about the enforcement, the regulation," she said, "and I think they did a good job tightening it up and I appreciate the time and effort they put into it."

Longtime medical marijuana advocate Lanny Swerdlow told council members they were being shortsighted.

Swerdlow, director of the Marijuana Anti-Prohibition Project, encouraged the city to form a committee to research allowing marijuana businesses in town as a way to generate tax revenue.

In outlawing marijuana businesses, he said, the city will send its residents outside Highland to spend money in other cities where sales are legal. Or, residents will continue to make purchases in town illegally.

"So you are essentially allowing crime to continue when you have the opportunity to reduce crime and increase revenue at the same time," he said.

Highland resident Fred Yauger, meanwhile, supported the city's move.

"While we need businesses in this city," he said, "this is not the kind of business I have envisioned as the future of the community."

HIGHLAND'S BAN

Proposition 64, approved by voters in November 2016, legalized recreational marijuana in California but it provided cities with discretion to regulate or ban commercial sales.

All such rules must be in place before Jan. 1.

The city of Highland outlawed medical marijuana dispensaries in 2009, and in February 2016 it banned the cultivation and delivery of medical marijuana in city limits.

Now the city is poised to outlaw the sale of recreational marijuana. The council held the first reading of an ordinance Tuesday. It needs a second reading before it can go into effect.

THE RESTRICTIONS

If adopted, the ordinance would ban all marijuana businesses and outdoor cultivation in Highland, though adults 21 and older ould still be allowed to grow plants for personal use, per state law. The city will enact some restrictions, however, on where and how the plants can be grown.

According to the ordinance, residents wishing to grow plants at their home would be required to keep them in fully enclosed and secure structures, either in the residence or an accessory structure on the property. The area must be secured by lock and key or other security measures and cannot be accessible to anyone younger than 21. Plants cannot be visible by the public, and tenants must have written consent from the property owner to grow them.

The ordinance also places restrictions on cultivation and manufacturing, and prohibits the use of bedrooms, bathrooms and kitchens solely for growing. Garages and parking spaces also are not to be used for growing plants.

Residents must keep a fire extinguisher on hand and follow the proper procedures for updating electrical wiring.

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Full Article: Highland moves to ban marijuana businesses, outdoor cultivation
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