Robert Celt
New Member
A national medical marijuana advocacy organization published a memo and model ordinance on Monday for California cities and counties, recommending that they regulate the cultivation of medical marijuana instead of banning it.
The memo and model ordinance are part of a project by Americans for Safe Access to support patients and advocates fighting bans on cultivation and pushing for local licensing and regulation of medical marijuana businesses.
Mendocino County doesn't ban medical marijuana cultivation in its unincorporated areas, but currently has a 25 plant per parcel limitation under its local 9.31 ordinance. The Board of Supervisors' marijuana ad hoc committee is considering revisions in the new year, however, as the state's new medical marijuana regulatory package is set to roll out on Jan. 1, 2016.
"Medical cannabis advocates need tools and training to talk with their local lawmakers about medical marijuana," said ASA California Director Don Duncan. "This project is all about supporting and empowering those local advocates to make a difference in their hometown."
The ASA says its new local Access Project is a web portal with links to documents and online training that medical marijuana supporters can use to talk with their representatives on the city council or county board of supervisors.
While California voters led the nation in legalizing medical marijuana in 1996, the ASA said the state has lagged behind other medical marijuana states in adopting a statewide regulatory scheme. Accordingly, state cities and counties have adopted a patchwork of regulations and bans in the 19 years since voters approved Proposition 215. Gov. Jerry Brown signed a historic trio of bills known as the Medical Marijuana Regulation and Safety Act to license and regulate commercial medical marijuana at the state level on Oct. 9.
The new legislation creates the Bureau of Medical Marijuana Regulation in the Department of Consumer Affairs to oversee state licensing. The bill also charges state agencies with developing regulations for cultivation, testing and dispensing medical marijuana. Under the legislation, medical marijuana businesses must have both a state and local license to operate before Jan. 1, 2018. While cities and counties must approve medical marijuana businesses in most cases, the current version of the MMRSA allows the BMMR to license commercial cultivation without local approval in a city or county that does not authorize or ban commercial cultivation which was thought to have been required before March 1, 2016, but was misstated in the legislation.
"The deadline for local licensing of commercial medical cannabis in March has caused some cities to overreact," Duncan said. "In some cases, local governments are even banning marijuana cultivation by individual patients. That was never the intent of the law, and it is unlikely that provision will remain in state law."
California Assemblyman Jim Wood, D-Healdsburg, one of the authors of the MMRSA, stated in an open letter to all state cities and counties last week that the March 1, 2016 deadline for adopting local ordinances was the result of "an inadvertent drafting error."
Wood said he acknowledged the error in the Assembly Journal, the official record of the state Assembly, and is in the process of striking the deadline when the legislature resumes after the first of the year.
"I believe that, given the choice, some cities and counties will opt to protect legal patient and the community at large by adopting a local licensing ordinance instead of a ban," Duncan said.
The ASA's memo recommends that cites and counties use existing business licensing ordinances to authorize commercial medical cannabis cultivation and to "specifically protect the right of legal patients to grow their own marijuana for personal use."
The MMRSA allows personal cultivation and exempts patients cultivating marijuana in 100 square feet or less from state licensing and regulation.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: National Marijuana Advocacy Group Asking Cities And Counties To Rethink Bans
Author: Staff
Contact: Ukiah Daily Journal
Photo Credit: None found
Website: Ukiah Daily Journal
The memo and model ordinance are part of a project by Americans for Safe Access to support patients and advocates fighting bans on cultivation and pushing for local licensing and regulation of medical marijuana businesses.
Mendocino County doesn't ban medical marijuana cultivation in its unincorporated areas, but currently has a 25 plant per parcel limitation under its local 9.31 ordinance. The Board of Supervisors' marijuana ad hoc committee is considering revisions in the new year, however, as the state's new medical marijuana regulatory package is set to roll out on Jan. 1, 2016.
"Medical cannabis advocates need tools and training to talk with their local lawmakers about medical marijuana," said ASA California Director Don Duncan. "This project is all about supporting and empowering those local advocates to make a difference in their hometown."
The ASA says its new local Access Project is a web portal with links to documents and online training that medical marijuana supporters can use to talk with their representatives on the city council or county board of supervisors.
While California voters led the nation in legalizing medical marijuana in 1996, the ASA said the state has lagged behind other medical marijuana states in adopting a statewide regulatory scheme. Accordingly, state cities and counties have adopted a patchwork of regulations and bans in the 19 years since voters approved Proposition 215. Gov. Jerry Brown signed a historic trio of bills known as the Medical Marijuana Regulation and Safety Act to license and regulate commercial medical marijuana at the state level on Oct. 9.
The new legislation creates the Bureau of Medical Marijuana Regulation in the Department of Consumer Affairs to oversee state licensing. The bill also charges state agencies with developing regulations for cultivation, testing and dispensing medical marijuana. Under the legislation, medical marijuana businesses must have both a state and local license to operate before Jan. 1, 2018. While cities and counties must approve medical marijuana businesses in most cases, the current version of the MMRSA allows the BMMR to license commercial cultivation without local approval in a city or county that does not authorize or ban commercial cultivation which was thought to have been required before March 1, 2016, but was misstated in the legislation.
"The deadline for local licensing of commercial medical cannabis in March has caused some cities to overreact," Duncan said. "In some cases, local governments are even banning marijuana cultivation by individual patients. That was never the intent of the law, and it is unlikely that provision will remain in state law."
California Assemblyman Jim Wood, D-Healdsburg, one of the authors of the MMRSA, stated in an open letter to all state cities and counties last week that the March 1, 2016 deadline for adopting local ordinances was the result of "an inadvertent drafting error."
Wood said he acknowledged the error in the Assembly Journal, the official record of the state Assembly, and is in the process of striking the deadline when the legislature resumes after the first of the year.
"I believe that, given the choice, some cities and counties will opt to protect legal patient and the community at large by adopting a local licensing ordinance instead of a ban," Duncan said.
The ASA's memo recommends that cites and counties use existing business licensing ordinances to authorize commercial medical cannabis cultivation and to "specifically protect the right of legal patients to grow their own marijuana for personal use."
The MMRSA allows personal cultivation and exempts patients cultivating marijuana in 100 square feet or less from state licensing and regulation.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: National Marijuana Advocacy Group Asking Cities And Counties To Rethink Bans
Author: Staff
Contact: Ukiah Daily Journal
Photo Credit: None found
Website: Ukiah Daily Journal
