Pubdate: Fri, 15 Apr 2011
Source: Corning Observer (Corning, CA)
Copyright: 2011 Freedom Communications
Author: Julie R. Johnson


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

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

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

"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

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

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

* 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.
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