Simi Valley Council Moves To Ban Personal Cultivation Of Medical Marijuana

Robert Celt

New Member
Despite impassioned, sometimes angry pleas from medical marijuana advocates to allow personal cultivation of the plant, a divided Simi Valley City Council this week took the first step to ban it.

The council introduced an ordinance after about 25 speakers implored it in a sometimes raucous, unruly hearing not to criminalize personal cultivation. Many of them were medical marijuana users who spoke of the healing powers of cannabis.

"This is insane," said Zachary Kelley, 21, who identified himself as a parolee who uses medical marijuana for kidney disease. "I grow three plants. Are you guys going to kick in my door for three plants? Please reverse this ban."

The audience erupted in applause, as it did for each speaker. At points during the hearing, Mayor Bob Huber admonished some audience members for using profanity and for shouting out comments.

"You people are dealing with people's lives," Jonathan Beck, 71, who said he is not a user, told the council. "You should be ashamed of yourselves."

Beck asked the council if any of them had ever smoked marijuana. None of the council members raised their hands.

Under California Proposition 215, the Compassionate Use Act of 1996 that was approved by 56 percent of statewide voters, cities cannot prohibit residents from using medical marijuana if they have a serious health condition and a physician's recommendation.

But the courts have that cities can ban personal cultivation, even though it is permitted under the state health and safety code. Most other cities in Ventura County are also banning personal cultivation. It is allowed in Moorpark, Ventura and unincorporated areas.

Simi Valley's proposed ordinance would also formalize existing prohibitions on commercial medical marijuana activities in the city, including dispensaries. But it would allow qualified patients and their primary caregivers to transport medical marijuana from say, legal dispensaries in the nearby San Fernando Valley.

Simi Valley resident John Kiedaisch gave the council a petition on behalf of the Simi Valley Medical Marijuana Alliance signed by 469 people in support of allowing personal cultivation.

But a majority of the council – Huber and Councilmen Keith Mashburn and Glen Becerra – said they supported a ban. Council members Mike Judge and Steve Sojka said they did not.

Huber said that while he believes marijuana has some medical benefits, "it is a gateway drug" to harder drugs such as heroin, which Simi Valley, like many other cities, has struggled with.

Audience members mockingly laughed at his comment.

"Like it or not, that's how I feel," Huber shot back, adding that constituents who contacted him on the issue overwhelmingly favored the ban.

But Judge, a Los Angeles police officer, said the city was overreaching.

"Your medical problems shouldn't be our business," he told the audience. "So I do support personal cultivation."

In January, the council initially supported allowing personal cultivation by qualified patients, but two weeks later changed its mind. At the time, it was under a March 1 deadline to adopt an ordinance pursuant to a new state law, the California Medical Marijuana Regulation and Safety Act.

The state on Feb. 3 dropped the deadline, prompting audience members on Monday night to urge the council to take more time to consider the personal cultivation issue. But the council decided to introduce the ordinance anyway. It will consider adopting the measure March 14.

As it became apparent that the council was going forward with the ordinance, some of the medical marijuana advocates stormed out of the chambers.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Simi Valley Council Moves To Ban Personal Cultivation Of Medical Marijuana
Author: Mike Harris
Photo Credit: None found
Website: Ventura County Star
 
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