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CORNING EXTENDS POT BAN ORDINANCE

It has been more than 11 months since the Corning City Council approved an emergency interim ordinance banning medical marijuana dispensaries, collectives or cooperatives.

That ban could be extended for one more year.

The ordinance was created as the city's response to Ken and Kathy Prather's opening of Tehama Herbal Collective, or THC, a medical marijuana dispensary, on Solano Street.

City Planner John Stoufer told the City Council on Tuesday there are several court cases in the appeals process that could be relevant to how the city attempts to regulate the distribution of medical marijuana through zoning standards.

He also pointed out the California Marijuana Legalization Initiative, which, if approved by voters in November, would legalize the recreational use of marijuana.

"In addition to considering adopting regulations for the distribution of medical marijuana, the city may have to consider adopting regulations for the distribution of marijuana for recreational use," Stoufer said.

He explained that during the June 15, Planning Commission meeting, the commission agreed by consensus, due to pending court cases and the ballot measure, it would be in the best interest of the city to extend the interim ordinance.

"It would give staff, the commission, and council more time to consider all relevant facts and laws associated with the distribution of marijuana prior to adopting a permanent ordinance," the city planner said.

The City Council, by consensus, agreed with the commission's recommendation and gave Stoufer instructions to schedule the required public hearing for the council to consider the one year extension.

Because the extension requires a four person vote of approval, and Councilman Ross Turner will be absent from the July 13 meeting, the public hearing is tentatively scheduled for July 27.

In the meantime, with the emergency interim ordinance intact, the operators of Tehama Herbal Collective continue to be issued citations from the city on a daily basis stating they are in violation of city zoning codes.

The Prathers have been receiving the citations since Aug.  13, when police Chief Tony Cardenas and one of his officers informed them they were in violation of a city zoning ordinance and "are hereby ordered to immediately discontinue the operation of a medical marijuana collective."

So far, the Prathers have refused to close their pot distribution business and the case is currently before Judge Richard Scheuler in Tehama County Superior Court, who has scheduled the case trial for September.

The Prathers are also involved in a class action suit filed against Tehama County concerning the county's medical marijuana cultivation ordinance approved in March.