Pubdate: Tue, 4 Jan 2011 Source: Record Searchlight (Redding, CA) Copyright: 2011 Record Searchlight Contact: http://www.redding.com/ Details: http://www.mapinc.org/media/360 ANDERSON COUNCIL TO CONSIDER TOUGH MARIJUANA RULES The Anderson City Council tonight will consider one of the most stringent ordinances controlling the cultivation of medical marijuana in Northern California. A draft ordinance had been prepared in February by the city's Planning Commission, but the council delayed considering the ordinance until after the November election due primarily to Prop. 19. If passed, Prop. 19 would have legalized recreational use of marijuana throughout California. After Prop. 19 failed and a series of public complaints were lodged at the end of the outdoor growing season last fall, the council reopened the issue, City Manager Dana Shigley said in notes accompanying her staff report on the proposed law. Shigley said the city's code enforcement department has received three written complaints and 10 oral complaints about medical marijuana gardens through the code enforcement department since December. Medical marijuana use and gardens were legalized in 1996 with the passage of Prop. 215. The proposed ordinance would prohibit cultivation of medical marijuana inside any building used as a residence and prohibit any outdoor gardens within city limits. The law would allow medical marijuana to be grown inside a 50-square-foot outbuilding that meets city, state and federal building codes, but only by a qualified patient who occupies the main residence on the same property as the outbuilding intended for cultivation. The outbuilding would have to be located in the rear yard with at least a 10-foot setback from the sides and rear property lines and from any other building on the parcel. All electrical and plumbing connections to the outbuilding would have to meet city codes and follow the city's permit process. Lighting inside the outbuilding could not exceed 1,200 watts and the structure would have to be ventilated with odor control filters. Building permits for accessory buildings would only be issued to the property owner, so renters would have to get written permission from the property owner before obtaining permits. A copy of the medical-marijuana patient's current and valid state-issued ID card would have to be available upon request of any code enforcement officer or police officer. Any medical marijuana grown in the outbuilding could be used only by the qualified patient and could not be transferred, given or sold to another person, including a medical-marijuana dispensary. Also, cultivation of medical marijuana would be prohibited within 100 feet of any hospital, school, church, park or playground or in other areas where large numbers of minors regularly travel or congregate, including city parks or other commercial structures open to the public. Violations of the ordinance would be considered criminal infractions, with fines of $50 for the first violation, $100 for the second and $250 for each violation thereafter. Each day that a violation existed or was committed could be a separate offense. "We believe that compliance with the ordinance would result in very few neighborhood complaints, as few people should know that cultivation is occurring," Shigley said. "Because the cost of installing the necessary lighting, irrigation systems, outbuildings, security systems, etc., we believe this ordinance will have the effect of reducing the number of people who cultivate marijuana at their place of residence, while still preserving the rights of qualified patients to cultivate marijuana safely and without disrupting the neighborhood," Shigley's report said. - --- MAP posted-by: Richard Lake