[420 Girl]

As the city of Arcata gets ready to finalize its medical marijuana dispensaries guidelines, those involved are cautious about possible state regulations that may be coming down the pipe soon.

The California Attorney General's Office is working on creating a set of guidelines for medical marijuana dispensaries, but because it's a work in progress, details are not being released yet, said Deputy Press Secretary Abraham Arredondo.

The city has been aware of state regulation rumors and will be taking them into consideration when they are finally released, said Arcata's Community Development Director Larry Oetker. The Planning Commission's final review of the draft guidelines will be at its next meeting on Aug. 12. If approved, the guidelines will go before the City Council for discussion and approval.

”I hope that the AG's office will release those with enough time for us to review those prior to the Planning Commission's meeting,” Oetker said.

Arredondo said he did not have any details on the guidelines and did not know when they would be released.

The guidelines are being formulated as the AG's office appeals a case to the state Supreme Court that adds to the ambiguity of medical marijuana regulations.

The office filed a petition July 1 to appeal a California appellate court decision that state limits on medical marijuana possession and cultivation established under SB 420 laws are unconditional.

In the ruling for People vs. Patrick Kelly, the court said that SB 420 amended Proposition 215 without voter approval. SB 420 set restrictions on the number of plants a patient could own or cultivate, which was up to six mature plants, or 12 immature growing plants, and up to eight ounces of dried, processed marijuana.

The appeal argues that SB 420 doesn't unconstitutionally amend Proposition 215 because it only applies to voluntary card holders, and the court incorrectly interpreted the language of SB 420.

The petition also states that the identification card system established by SB 420 protects medical marijuana patients and the court should have “considered less drastic alternative remedies,” than to include the program within its ruling. Arredondo said the court will have 90 days to decide whether to reject, review, or accept the petition.

Mayor Mark Wheetley said ambiguity of the laws has always been an issue when trying to regulate Proposition 215, so more state guidelines will be new territory for Arcata.

”We've certainly been trained to hammer through the details of our situation, in the absence of any firm guidance from the state,” he said adding that any new regulations may provide a little more clarity.

”We're going to wait and see about that one,” Wheetley said.

Oetker said the city staff will not be waiting on the state before trying to finish the city's guidelines, and will continue working with the Planning Commission to produce a comprehensive set of regulations for dispensaries.

”We're staying on track until we hear otherwise,” he said.

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