Pubdate: Tue, 24 May 2011
Source: Paradise Post (CA)
Copyright: 2011 Paradise Post
Author: Paul Wellersdick
Bookmark: (Cannabis - California)
Bookmark: (Cannabis - Medicinal)


A committee at Town Hall has proposed a draft ordinance that would 
restrict medical marijuana cultivation, processing and distribution 
in the Town of Paradise.

The ordinance could become effective as soon as September of this 
year if the Paradise Planning Commission approves it June 2 before 
sending it to the Paradise Town Council in July. The town is now 
under an emergency ordinance prohibiting cooperative medical 
marijuana cultivation, processing and distribution until Jan. 11 2012.

Town Community Development Director Craig Baker said the draft 
ordinance likely will change shape before it is finally adopted.

"This is a working, living document," Baker said, adding that there 
is likely plenty of time to get the ordinance on the books before 
January of next year.

Under the draft, the town will not regulate the number of plants 
allowed to be grown, but rather the physical size of gardens to 50 
square feet for the individual residential user. No more than 25 
percent, or up to 1,500 square feet, of a commercial building may be 
dedicated to a cooperative growing operation.

Outdoor gardens must be fenced and shielded from view of adjacent 
properties, must be 75 feet from the nearest home, and 50 feet from 
the nearest undeveloped lot, according to the draft document.

Collective growing, processing and distribution would be limited to 
industrial services zoning - which exists only along Clark Road near 
the south town limits. Those collectives would need to be 500 feet 
from residential and community zonings, and 1,000 feet from public or 
private daycare centers, schools, parks and recreation facilities.

For example, The Post, located in the town's industrial area, would 
be in the correct zone but not far enough from the bowling alley and 
golf course to allow growing. Butte County District Attorney Mike 
Ramsey had not replied to an e-mail containing the 12-page document 
and request for comment as of press time. Baker said the town also 
had not received any comment about the ordinance from the DA. The 
town's attorney, Dwight Moore "did most of the heavy lifting," Baker said.

"It's a minefield out there," Baker said. "It makes sense that the 
attorney take this on."

In its current form, the ordinance would restrict industrial growing 
to a few properties at the very south edge of town. Indoor 
residential grows would also be restricted to 50 square feet, but 
they would also require a permit and fee. Renters would also need 
written consent from the property owner.

Those growing indoors would not be allowed outdoor plants and would 
be limited to 1,200-watt lighting. According to L. Deans Hydroponic 
Supplies, 1,200 watts is sufficient for about four plants, or about a 
pound of marijuana.

Also, indoor gardens would be prohibited from using combustibles 
including propane and butane, which L. Deans said fuel some Co2 
generators. Under the draft, collectives would be required to go 
through administrative permit review, including meeting the approval 
of the Chief of Police.

All permits would be subject to town approval and could be revoked if 
the growing affected the health or safety of anyone living at or 
nearby the garden by creating mold, mildew, dust, glare, heat, noise, 
odor, or other impacts. Industrial grows would also be prohibited 
from allowing use of medical marijuana in or within 1,000 feet of the 
building. They would not be able to sell or display paraphernalia, 
nor would minors be allowed to enter unless accompanied by a parent 
or guardian. Business hours would be from 8 a.m. to 6 p.m. daily only 
and no prescription-writing physician could be employed.

The town would also have the right to inspect a cooperative 
operation's client book for verification. Under the ordinance, all 
existing pot grows would need to comply, and greenhouses would be 
considered indoor gardens. The draft document will be passed to the 
Paradise Planning Commission for review on June 2 at 6 p.m. at Town 
Hall, 5555 Skyway.
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MAP posted-by: Jay Bergstrom