Pubdate: Sat, 08 May 2010
Source: Manteca Bulletin (CA)
Copyright: 2010 Manteca Bulletin
Contact:  http://www.mantecabulletin.com/
Details: http://www.mapinc.org/media/3670
Author: Dennis Wyatt
Bookmark: http://mapinc.org/topic/Dispensaries
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MANTECA ADOPTS MARIJUANA RULES

Maggie Gutierrez was concerned that Manteca's new laws  restricting 
marijuana use would make it illegal for her  husband to get the only 
"medicine" that has been  effective at easing pain from a severe back 
injury that  used to keep him bed ridden.

Larry Teunissen was worried that the new city laws  would make it 
impossible to grow medicinal marijuana in  his back yard.

City leaders Tuesday assured those who are complying  with 
Proposition 215 won't be impacted with Manteca's  move to prohibit 
pot dispensaries from opening up  within the city limits as well as 
rules designed to  prevent medicinal marijuana growers form becoming 
victims of criminals when they grow their own pot.

The council Tuesday adopted the second reading on the  ordinance 
dealing with pot. It will go into effect by  late June.

"I personally do not use marijuana," Gutierrez said  ,noting that she 
was a devout Christian as well as a  conservative Republican.

Gutierrez said on the issue of medical marijuana that  she isn't 
following the views generally held by those  two groups.

"People have the right to be out of pain," she said.

Various medication prescribed by doctors were not  effective and kept 
her husband bed ridden at times. It  has been different since a 
doctor prescribed medical  marijuana.

She was also worried that the rules and regulations  governing 
growing would make it so cost prohibitive  that they would not be 
able to do so.

The ordinance stipulates:

* only allow qualified patients, persons with medical  identification 
cards, and primary caregivers to  cultivate medical marijuana.

* such marijuana must be cultivated inside a secured,  locked and 
fully enclosed structure that includes side  walls, a ceiling, and 
roof. No outdoor cultivation will  be permitted within the city limits.

* A maximum of 12 plants with a maximum of six mature  plants will be 
allowed unless a collective cultivation  is allowed under an 
extensive set of rules outlined in  the ordinance including the 
concern being non-profit  and not within 1,000 feet of any 
residential district, school, recreation center, or youth center.

* Smoking of medical marijuana will not be allowed any  place smoking 
is prohibited by law, in or within 1,000  feet of the grounds of a 
school, youth center, or  recreation center (unless the use is for 
medical  purposes within a residence), on a school bus, or while  in 
a motor vehicle or boat that is being operated.

Proposition 215 passed by California voters in 1996  made it legal 
for personal use of marijuana for medical  reasons. The California 
Legislature followed that up  with a law that gave individual cities 
the power to  decide whether to allow marijuana dispensaries for 
medical purposes.

In 2004, the Manteca City Council adopted a temporary  moratorium on 
medial marijuana dispensaries within the  city limits. The moratorium 
expired in 2005 without any  additional action for a more permanent 
solution. As  late as last year, the council declined requests to 
allow medical marijuana dispensaries in Manteca.

Quick & Easy Cooperative that opened in downtown  Manteca on Yosemite 
Avenue near Library Park did so  under the guise of being a retail 
pharmacy on its  business license application. When city leaders 
discovered it was a medical marijuana dispensary or  club, they 
sought a temporary injunction to shut it  down. A hearing on a 
permanent injunction is pending.

Manteca law enforcement and city attorney moved under a  provision of 
the business license ordinance that  prohibits issuing a business 
license for any activity  that is illegal under city, state or 
federal law.  Marijuana use of any type is illegal under federal  statutes.
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MAP posted-by: Jay Bergstrom