CA: Santa Paula Council Strengthens Medical Marijuana Ban

Robert Celt

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Faced with a looming state deadline for cities to enact medical marijuana regulations, Santa Paula has strengthened an existing ban but left the door open for future changes.

On Tuesday, the City Council voted 4-0 to enact an ordinance adding language to Santa Paula's municipal code to explicitly ban all commercial cannabis activity, mobile marijuana dispensaries, and cultivation and delivery of marijuana within the city. Councilwoman Ginger Gherardi abstained.

The code already prohibited using buildings for purposes prohibited by federal law, which includes marijuana. However, marijuana had not previously been spelled out in the code.

Santa Paula and cities across California are rushing to enact regulations prohibiting or restricting marijuana dispensaries and cultivation before March 1. If they do not adopt regulations, they will be subject to a state licensing program for medical marijuana dispensaries and cultivators enacted by Gov. Jerry Brown last year.

Some council members expressed concern that the ordinance would make it difficult for people with legitimate medical needs to obtain marijuana. However, most agreed they needed to pass something before the deadline so Santa Paula would not have to relinquish regulatory powers to the state.

In a separate motion, the council voted 5-0 to instruct staff to bring back another ordinance that could potentially allow some use and access to medical marijuana in the city for people with health problems.

"I understand medicinal uses and I understand that sometimes the man-made medications can be much harder on our systems than the ones provided by nature," said Mayor Martin Hernandez in enacting the ban. "I really don't see this personally as throwing the baby out with the bath water. This is the first step in what must continue to be a fully vetted conversation."

In other business, the council narrowly approved the introduction of a revised ordinance in a 3-2 vote requiring mandatory spay or neutering of dogs and cats and implanting the animals with identification microchips once they reach 4 months of age.

The council had returned the ordinance to staff for further study in December, following complaints from the public that 4 months is too young for such procedures. However, on Tuesday City Attorney John Cotti said further research supported imposing either a 4-month or 6-month age requirement. The council will take a final vote on the ordinance at its next meeting.

Councilwomen Ginger Gherardi and Jenny Crosswhite voted against introducing the ordinance. Gherardi pointed out that the city does not currently have a cat licensing program, and said the city needs to have better online information and a license mechanism in place before moving ahead with the spay and neuter requirement. Crosswhite expressed concern that the ordinance would overburden the city's animal control officer.

However, Mayor Hernandez and Councilman John Procter said the city has a year to implement the ordinance and figure out details of how to implement it.

"I think we're kind of overthinking this. To me I see it just as a way to get the ball rolling for a work in progress," Procter said. "It could well be that we decide that we don't want to do the cat program, I don't know. But I think it's kind of silly to stall this out."

Also on Tuesday, the council voted 5-0 to hire Matrix Consulting Group for $50,000 to study ways to improve the fiscal sustainability of the city's fire department.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA: Santa Paula Council Strengthens Medical Marijuana Ban
Author: Claudia Boyd-Barrett
Photo Credit: Thinkstock
Website: Ventura County Star
 
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