A California Supreme Court ruling made Thursday may have an impact on a proposed medical marijuana cultivation ordinance being presented to the Corning City Council on Tuesday.
The Supreme Court put a halt on a law that limited how much medical marijuana a patient can possess.
That ruling may bring into questions a section in the city's proposed ordinance that limits medical marijuana cultivation to six mature and 12 immature marijuana plants.
When City Planner John Stoufer learned of the Supreme Court ruling he said city staff will have to consider the ruling and how it applies to the proposed ordinance.
"We may have to make some changes," he said.
Ken and Kathy Prather, owners of Tehama Herbal Collective, plan on attending the meeting, but declined to be interviewed.
Determined to keep the medical marijuana dispensary open despite a interim city ordinance banning the dispensary, the Prathers have been in the forefront of opposition to the city's current stand on the subject.
The continue to fight even though they have been issued daily citations from the city since Jan. 13, stating they are in violation of city zoning regulations. The fines, as of today, will be more than $2,400.
Stoufer said city staff began the process of creating the medical marijuana cultivation ordinance after the City Council adopted an emergency interim ban on medical marijuana dispensaries in August.
"The council directed staff to form an ad hoc committee and proceed with producing an ordinance concerning medical marijuana cultivation," Stoufer said.
He notes the proposed ordinance concerns the cultivation of medical marijuana only, not dispensaries, cooperatives or collectives.
"We are waiting on the results of court cases, such as the Anaheim case, before we look at an ordinance concerning medical marijuana dispensaries," the city planner said.
The ordinance would "require that medical marijuana be cultivated in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the public domain, to provide for the health, safety and welfare of the public, to prevent odor created by marijuana plants from impacting adjacent properties, and ensure that marijuana grown for medical purposes remains secure and does not find its way to non-patients or illicit markets."
Some of the requirements and regulations include no outdoor cultivation of marijuana plants within the city, no cultivation within any residence and/or multi-family or commercial parcels, no cultivation of marijuana within 1,000 feet of a school, no cultivation of medical marijuana of more than six mature and 12 immature plants.
Following Tuesday's public hearing, at which time the council will hear public opinion and may introduce the ordinance. That could put the matter to a final vote at the Feb. 9, meeting.
As for the California Supreme Court, it has decided state lawmakers were wrong to change provisions of the 1996 voter-approved Proposition 215 measure, which allowed for patients with a doctor's recommendation to possess an unspecified amount of marijuana.
In 2003, the Legislature, seeking to give law enforcement guidance on when to make marijuana possession arrests, regulated that each patient could have a maximum of 8 ounces of dried marijuana and grow as many as six mature and 12 immature plants.
The Supreme Court stated the legislative restrictions amending the Compassionate Use Act was wrongful and amendments could only be made by the very people who voted the Act into law.
_____________________________
a special 420 shout-out to Irish for this 1
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: Corning Observer
Author: Julie R. Johnson
Contact: Homepage : Corning Observer
Copyright: Freedom Communications
Website:Court ruling may impact Corning pot guide
The Supreme Court put a halt on a law that limited how much medical marijuana a patient can possess.
That ruling may bring into questions a section in the city's proposed ordinance that limits medical marijuana cultivation to six mature and 12 immature marijuana plants.
When City Planner John Stoufer learned of the Supreme Court ruling he said city staff will have to consider the ruling and how it applies to the proposed ordinance.
"We may have to make some changes," he said.
Ken and Kathy Prather, owners of Tehama Herbal Collective, plan on attending the meeting, but declined to be interviewed.
Determined to keep the medical marijuana dispensary open despite a interim city ordinance banning the dispensary, the Prathers have been in the forefront of opposition to the city's current stand on the subject.
The continue to fight even though they have been issued daily citations from the city since Jan. 13, stating they are in violation of city zoning regulations. The fines, as of today, will be more than $2,400.
Stoufer said city staff began the process of creating the medical marijuana cultivation ordinance after the City Council adopted an emergency interim ban on medical marijuana dispensaries in August.
"The council directed staff to form an ad hoc committee and proceed with producing an ordinance concerning medical marijuana cultivation," Stoufer said.
He notes the proposed ordinance concerns the cultivation of medical marijuana only, not dispensaries, cooperatives or collectives.
"We are waiting on the results of court cases, such as the Anaheim case, before we look at an ordinance concerning medical marijuana dispensaries," the city planner said.
The ordinance would "require that medical marijuana be cultivated in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the public domain, to provide for the health, safety and welfare of the public, to prevent odor created by marijuana plants from impacting adjacent properties, and ensure that marijuana grown for medical purposes remains secure and does not find its way to non-patients or illicit markets."
Some of the requirements and regulations include no outdoor cultivation of marijuana plants within the city, no cultivation within any residence and/or multi-family or commercial parcels, no cultivation of marijuana within 1,000 feet of a school, no cultivation of medical marijuana of more than six mature and 12 immature plants.
Following Tuesday's public hearing, at which time the council will hear public opinion and may introduce the ordinance. That could put the matter to a final vote at the Feb. 9, meeting.
As for the California Supreme Court, it has decided state lawmakers were wrong to change provisions of the 1996 voter-approved Proposition 215 measure, which allowed for patients with a doctor's recommendation to possess an unspecified amount of marijuana.
In 2003, the Legislature, seeking to give law enforcement guidance on when to make marijuana possession arrests, regulated that each patient could have a maximum of 8 ounces of dried marijuana and grow as many as six mature and 12 immature plants.
The Supreme Court stated the legislative restrictions amending the Compassionate Use Act was wrongful and amendments could only be made by the very people who voted the Act into law.
_____________________________
a special 420 shout-out to Irish for this 1
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: Corning Observer
Author: Julie R. Johnson
Contact: Homepage : Corning Observer
Copyright: Freedom Communications
Website:Court ruling may impact Corning pot guide
