[420 Girl]

Where can a person grow, smoke and sell medicinal marijuana in Corning?

That is a question the City Council and Planning Commission is trying to answer.

The topic was the subject of a combined study session with the agencies on Tuesday.

Packed to standing-room-only, the council chambers was home to an audience of people wanting very strict regulations, people opposed to any regulations at all and people just wanting an educated on the subject.

Moments after Mayor Gary Strack opened the session attorney Eric Berg, representing Ken and Kathy Prather, owners of Tehama Herbal Collective in Corning, stood and challenged the council on its 45-day emergency ordinance banning medical marijuana dispensaries, which the council passed on Aug. 11.

"The ordinance exceeds the council's authority and denies patients right to use and cultivate marijuana," Berg said.

"Most important medicinal marijuana use may not be legislated out of existence by the city officials," he said, citing California court cases.

Claiming the ordinance to be illegal, he asked the city to reconsider its emergency ordinance and "allow things to be as they are."

With several people wanting to make comment, the mayor reminded the crowd it was a study session and not a public hearing and that comment would not be allowed from the audience. That is, with exception to the Prathers whom the mayor allowed to stand and make comment during the session.

The disclosure did silence Corning Union Elementary School Board members Shannna Long and Helen Pitkin who wanted to read a letter on the subject of medicinal marijuana cultivation and dispensaries from district Superintendent Steve Kelish.

A couple of men who spoke out and interrupted the council became so irate at the mayor's censor they walked out of the chambers following several reminders from the mayor that they were to remain quiet.

City planner John Stoufer, who had denied the Prathers a business license for their marijuana dispensary based on city zoning, provided information to the council on current court cases involving medicinal marijuana, state guidelines according to the attorney general, and a map of current zoning districts in the city.

He then lead the council in outlining a list of priorities in preparation to drafting a city ordinance on medicinal marijuana cultivation and distribution.

The council discussed such issues as smell, health issues, safety hazards, greenhouse effects, nuisance complaints, security, and state laws on how many plants can be grown and ounces possessed.

Other issues such as setting limits on how far a cultivation or distribution site must be from schools, parks, bus stops, churches, youth facilities and other places was also discussed.

Planning Commissioner Jesse Lopez suggested there be some kind of buffer between residential property lines and distribution and cultivation sites. He also suggested outdoor security be "heavy." Police chief Tony Cardenas agreed.

Councilwoman Becky Hill brought raised the issue of indoor grow-lights and the fire hazard they present. This lead the council to consider requiring that marijuana plants be grown only outdoors or in a structure detached from any residence.

"We also have to consider the hazard to firefighters when responding to a structure fire where marijuana is grown," said Hill. "Breathing in the fumes could be considered a health hazard."

Councilman Ross Turner suggested all structures where marijuana is grown have a hazard placard attached to the outside of it.

As for distribution, the council and commission discussed city zoning, concerns over illicit distribution, code of conduct and other regulations.

As the study session continued, other such details were discussed at length providing Stoufer with a list of possible guidelines he needed to prepare writing a draft ordinance.

Stoufer said he will not have the draft ordinance ready to present to the council before the conclusion of the 45-day emergency interim ordinance and that the City Council will need to extend the emergency ordinance following a public hearing on Sept. 22.

"I don't know exactly how long they will need extend the ordinance but I will be working on the draft as quickly as I can," he said.

In the meantime, the Prathers medicinal marijuana dispensary remains open without a city-issued business license and having received a notice from Cardenas on Aug. 13 they are in violation of a city ordinance and "are hereby ordered to immediately discontinue the operation of a medical marijuana collective."

The document, signed by Stoufer, explains if the business is not closed down, and the Prathers are found guilty of the infraction, they could be fined.

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