Pubdate: Wed, 20 Oct 2010 Source: Record Searchlight (Redding, CA) Copyright: 2010 Record Searchlight Contact: http://www.redding.com/ Details: http://www.mapinc.org/media/360 Author: Jim Schultz Cited: Proposition 19 http://yeson19.com/ Bookmark: http://mapinc.org/find?272 (Proposition 19) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.) SHASTA LAKE REVISITS POT CULTIVATION SHASTA LAKE -- A plan that would establish strict guidelines for cultivation of medical marijuana within city limits may be adopted Thursday by the Shasta Lake Planning Commission. Although the marijuana cultivation rules are still a work in progress and could be modified by commissioners, as well as the City Council, outdoor marijuana gardens would be allowed under the latest version of the plan. An earlier draft prohibited outdoor cultivation of medical pot, but the updated version would allow those living on a parcel less than a half-acre to have a maximum 25-foot-square marijuana garden. Those with half-acre to 1-acre parcels would be allowed a maximum 60-square-foot garden, while a 240-square-foot garden would be permitted on parcels bigger than an acre. Commission Chairwoman Cherrel Kirkland said the draft plan, which could require marijuana growers to obtain an administrative or other such permit, is still subject to major revision. "We haven't made any decisions" on which way to go, she said. "It's been a bantering of thoughts back and forth" since commissioners were charged by the City Council in January to establish marijuana cultivation guidelines. Jamie Kerr, who last year cofounded the Collective 530 business on Locust Avenue and who has closely watched the development of Shasta Lake's marijuana cultivation regulations, believes they are too restrictive. And she is contesting several of its provisions, including one that would require an administrative permit for those wishing to grow marijuana, saying that condition is an invasion of privacy. "Many of our patients don't want their (medical marijuana) status known," she said. The permit requirement forces those patients to choose between their right of privacy and their desire to cultivate marijuana, she said. But those with outdoor gardens, as well as those who grow medical marijuana indoors, could also see their plants uprooted if those gardens create a public nuisance, such as from strong and offensive odors. A public nuisance also could be established if, for example, sheriff's deputies are called to a property more than three times a year. The backyards also would need to be enclosed by a 6-foot-high solid fence and equipped with a gate that locks, and outdoor gardens would be prohibited on any parcel within 500 feet of a school, day care center, day care home, recreation center, youth center, library or a public park. Under the draft plan, marijuana cultivation would be allowed in a home or in an accessory building, but a number of conditions and regulations would still apply. For example, the cultivation area could not exceed 100 square feet. In addition, cultivation lighting could not be more than 1,200 watts, and gas products, such as carbon dioxide and butane, could not be used in the marijuana's cultivation or processing. Furthermore, a home's kitchen, bathrooms and its primary bedrooms could not be used primarily for medical marijuana cultivation, and the cultivation areas would have to comply with California Building Code requirements. Even though California voters may decide next month to legalize recreational use of marijuana, cities and counties would retain the power to regulate it. Marijuana possession and cultivation would remain a federal offense, and U.S. Attorney General Eric H. Holder announced Friday that the Department of Justice intends to aggressively prosecute marijuana laws in California even if state voters approve Proposition 19 next month. - --- MAP posted-by: Richard Lake