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Old 06-17-2008, 07:32 PM
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Default Public Hearing to be Heard on Medicinal Marijuana

In December 2007, Gridley City Council members heard public testimony regarding the negative impacts associated with the cultivation of outdoor medicinal marijuana in residential neighborhoods.

The complaints ranged from noxious odors from mature marijuana plants, increased traffic and disturbances, diminished sense of security and inability to use outdoor areas because of the odor.

According to State Law SB 420, and the Compassionate Use Act of 1996 (Prop 215), patients prescribed marijuana for medicinal purposes may possess and cultivate marijuana for personal purposes in an amount not to exceed six mature or 12 immature marijuana plants per registered patient. A caregiver may be designated to maintain and cultivate marijuana for patients - which may result in a large number of plants at one location.

On January 22, 2008, the City Attorney informed Council that cultivation and possession of marijuana, even for medical reasons, is illegal under Federal Law. California cities have taken different approaches to the problem ranging from remaining neutral to specific regulations contained in the zoning ordinance.

It was also noted that the matter will likely be decided over time by a Federal Agency or until a city is challenged.

Public Hearings will be held Monday, May 19 at 5:30 p.m. during the Gridley Planning Commission meeting at during the 7 p.m. City Council meeting.

All interested persons are invited to attend or submit comments in writing in advance.

A draft ordinance was prepared by staff at the request of council regarding regulating the cultivation of marijuana within Title 17 of the Gridley Municipal Code.

On Monday night, the City Council will discuss a proposal to amend the Gridley Municipal Code to regulate the cultivation of medicinal marijuana by specifically prohibiting outdoor plant cultivation and limiting the number of plants within residential zoning designations.

The proposed zoning amendment limits cultivation of medicinal marijuana to twelve mature plants and 24 immature plants per residential parcel, which assumes no more than two registered patients/caregivers would reside at a residential location.

The proposal would not alter the number of plants per commercial parcels. Cultivation on both residential and commercial/industrial parcels would be required to be indoors.

The ordinance does not allow for outdoor growing at all.

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