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POT DISPENSARY ORDINANCE UNDER WAY

Corning has less than three months to get a permanent medical marijuana dispensary ordinance adopted before its interim ordinance sunsets.

City Planner John Stoufer said plans are for the city's pot dispensary ordinance ad hoc committee to meet over the next two weeks and work on the details of the ordinance.

"We can then create a draft ordinance and place it before the city's Planning Commission before May 17," he said.  "That will be followed by a public hearing and our goal is to have its introduction and first reading at the City Council on June 14, and second reading on June 28."

He explained that would have the ordinance adopted before the July 6 deadline.

"Once an ordinance is adopted by the council, it doesn't go into affect for 30 days.  The interim ordinance ends on Aug.  6," Stoufer said.

The city's interim ordinance placed a complete ban on medical marijuana dispensaries or collectives within city limits.

Looking at a permanent ordinance the City Council basically has three options: complete ban, allow with regulations, or no action at all.

The city instituted the interim ban on pot dispensaries in August, 2009, when Ken and Kathy Prather opened Tehama Herbal Collective, a medical marijuana dispensary and collective at 1317 Solano St.  in Corning.

Due to a court order, that establishment has been shut down.

Corning's City Council followed up the interim ban with a permanent medical marijuana cultivation ordinance in February, 2010.

The cultivation ordinance placed rules and regulations in place for persons allowed by law to grow marijuana.

"We want to remind all those within city limits of the ordinance and its regulations as the marijuana cultivation season begins," Stoufer said.  "As of Dec.  31, all previous non-conforming or 'grandfathered' cultivation of medical marijuana must comply with this ordinance."

The ordinance regulates the cultivation of medical marijuana by requiring:

* Cultivation of medical marijuana is prohibited within any residential structure.

* Outdoor cultivation of medical marijuana is prohibited.

* Cultivation of medical marijuana must be conducted within a secure detached structure, located in the rear yard of a parcel only, and a minimum of 10-feet from any property line, surrounded by a 6-foot-high solid fence and no larger than 120 square feet.

* A mechanical ventilation system approved by the city building official must be installed within the detached structure.

* Adequate mechanical or electronic security system approved by the city building official and police chief must be installed in and around the detached structure.

* Qualified patients or caregivers who wish to cultivate medical marijuana must annually register with the Corning Planning Department and provide a valid medical recommendation or state issued medical marijuana card.

* Non-conforming or "grandfathered" cultivation of medical marijuana must comply with this ordinance by Dec.  31.

* Cultivation of medical marijuana is prohibited within 1,000 feet of any school.

* Cultivation of medical marijuana within any zoning district not zoned residential must obtain a use permit prior to cultivation.