California - After a Thursday state Supreme Court ruling declared Senate Bill 420 restrictions on medical marijuana unconstitutional, the city of Eureka -- which was about to embark on new medical marijuana dispensary land use codes -- is unclear what this will mean for its draft ordinance.
City Manager David Tyson said City Attorney Sheryl Schaffner was attending a conference Friday that would provide her with some information related to the ruling that could help direct the city.
He said he hasn't discussed what to do next with the ordinance since the ruling is so recent, but the city plans to take time to analyze its options.
In an effort to regulate the growing and dispensing of medical marijuana in Eureka, the City Council has been working on producing a land-use ordinance similar to Arcata's, which restricts growing operations to 50 square feet of space.
The council adopted a 45-day moratorium on dispensaries earlier this month to discourage any that are trying to establish themselves before guidelines are created.
Council members Jeff Leonard and Linda Atkins are leading the effort to create dispensary guidelines and hope to gather public input on the matter at a meeting Tuesday night.
Leonard said the city will go forward with its meeting despite what may happen with the draft ordinance.
"We really felt like that meeting was an opportunity for people in the community to ask questions and provide input on the issues. I think that's still 100 percent appropriate ... . Obviously the ruling may very well change what kinds of answers we had or even if we have answers at this point," he said.
Leonard added that he and Atkins wanted a chance to communicate with the community. The two council members have been participating on a countywide subcommittee on the issue.
"We are going to go ahead with the community meeting and invite people to express their feelings about how they think the decision might affect our community and also suggest ideas that might take the place of past regulations," Atkins said in an e-mail. "I will be asking the city attorney to look at the decision and advise what, if any, of the provisions of the draft ordinance could still be appropriate."
Aside from the Kelly ruling, the city's draft ordinance may run afoul of some of the initial provisions of Proposition 215. The draft summary of the ordinance provided by the city did not address primary caregivers.
Neal Sanders, a local attorney who handles medical marijuana cases, said the provisions of the ordinance requiring that the "qualified patient shall reside in the residence where the medical marijuana cultivation occurs" seem to be in conflict with state law, which states a patient's marijuana can be grown by a caregiver.
The state law specifically includes caregivers, Sanders said, recognizing that some disabled patients simply may not be able to cultivate their own medicine and others might not have homes that are capable of accommodating cultivation. Consequently, Sanders said he thinks the patient-occupancy requirement in Eureka's draft ordinance is in conflict with state law.
"It sounds like it would be preempted by state law and it would be easily overturned," Sanders said.
If You Go:
What: Medical marijuana meeting
Where: Wharfinger Building, 1 Marina Way
When: 7 to 9 p.m., Tuesday
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: The Times-Standard
Author: Donna Tam
Contact: Home - Times-Standard Online
Copyright: 2008 - Times-Standard
Website: Eureka moves forward with public meeting despite court ruling
City Manager David Tyson said City Attorney Sheryl Schaffner was attending a conference Friday that would provide her with some information related to the ruling that could help direct the city.
He said he hasn't discussed what to do next with the ordinance since the ruling is so recent, but the city plans to take time to analyze its options.
In an effort to regulate the growing and dispensing of medical marijuana in Eureka, the City Council has been working on producing a land-use ordinance similar to Arcata's, which restricts growing operations to 50 square feet of space.
The council adopted a 45-day moratorium on dispensaries earlier this month to discourage any that are trying to establish themselves before guidelines are created.
Council members Jeff Leonard and Linda Atkins are leading the effort to create dispensary guidelines and hope to gather public input on the matter at a meeting Tuesday night.
Leonard said the city will go forward with its meeting despite what may happen with the draft ordinance.
"We really felt like that meeting was an opportunity for people in the community to ask questions and provide input on the issues. I think that's still 100 percent appropriate ... . Obviously the ruling may very well change what kinds of answers we had or even if we have answers at this point," he said.
Leonard added that he and Atkins wanted a chance to communicate with the community. The two council members have been participating on a countywide subcommittee on the issue.
"We are going to go ahead with the community meeting and invite people to express their feelings about how they think the decision might affect our community and also suggest ideas that might take the place of past regulations," Atkins said in an e-mail. "I will be asking the city attorney to look at the decision and advise what, if any, of the provisions of the draft ordinance could still be appropriate."
Aside from the Kelly ruling, the city's draft ordinance may run afoul of some of the initial provisions of Proposition 215. The draft summary of the ordinance provided by the city did not address primary caregivers.
Neal Sanders, a local attorney who handles medical marijuana cases, said the provisions of the ordinance requiring that the "qualified patient shall reside in the residence where the medical marijuana cultivation occurs" seem to be in conflict with state law, which states a patient's marijuana can be grown by a caregiver.
The state law specifically includes caregivers, Sanders said, recognizing that some disabled patients simply may not be able to cultivate their own medicine and others might not have homes that are capable of accommodating cultivation. Consequently, Sanders said he thinks the patient-occupancy requirement in Eureka's draft ordinance is in conflict with state law.
"It sounds like it would be preempted by state law and it would be easily overturned," Sanders said.
If You Go:
What: Medical marijuana meeting
Where: Wharfinger Building, 1 Marina Way
When: 7 to 9 p.m., Tuesday
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: The Times-Standard
Author: Donna Tam
Contact: Home - Times-Standard Online
Copyright: 2008 - Times-Standard
Website: Eureka moves forward with public meeting despite court ruling
