Pubdate: Sun, 22 Jan 2012
Source: Chico Enterprise-Record (CA)
Copyright: 2012 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Heather Hacking

MARIJUANA GARDEN LIMITS TAKING SHAPE

ORLAND - As it looks now, there won't be any marijuana dispensaries 
in Orland, and people who grow medicinal marijuana will need to 
follow careful guidelines so the plants are away from the eyes and 
noses of their neighbors.

Although California law allows use of marijuana for certain medical 
reasons, many communities have been watching closely to see how 
others have navigated the issue.

In 2009, the Orland City Council voted for a short-term ban on 
dispensaries, and those rules have since expired.

Council members watched as the city of Chico worked on rules for 
dispensaries, then received pressure from the federal government not 
to allow them. But state rules allow people to grow a small number of 
plants for their personal use, with a doctor's recommendation.

Orland is looking to adopt rules that would map out a nuisance 
ordinance. A primary concern is people learning about a marijuana 
grow and stealing it, councilors said. Also, neighbors don't want to 
smell the plants, which stink near the time of harvest.

Under the proposed rules, which will be talked about again in 
February, people who grow can't do so inside their homes. The grow 
area is limited to 50 square feet and must be within a secured 
structure. If that's a green-house, there must be a fence around it. 
Also, alarms are required to prevent theft.

The point is have the grow neither visible, nor detectable by smell, 
officials said during Tuesday's City Council meeting.

"The way it is set forth, there will be a pretty short fuse," said 
the city's attorney, Greg Einhorn.

Normally, the city gives 10 days' notice for violations of nuisance 
rules, then another 10 days before the city goes in to fix things. 
But giving a full 20 days from the time marijuana scent was noticed 
would be enough time for the harvest to come and go, the city's attorney said.

The proposed rule would give a 48-hour notice, and then a hearing 
before the mayor or City Council.

Proposed fines are $1,000 a day.

Mayor Wade Elliott asked Police Chief J.C. Tolle if he liked the 
proposal. Tolle said requiring a structure is especially useful, as 
his department has had cases of teens driving around with stolen 
marijuana plants.

"The point is we're providing an opportunity for medical marijuana 
plants," if people comply with the law, Elliott said. The rules also 
protect the public from a public nuisance and theft, he said.

The Planning Commission for the Glenn County Board of Supervisors 
also recently reviewed the issue. Next month supervisors will 
consider rules for personal medical use, including having a solid 
fence and needing property owner permission. Dispensaries would also 
not be allowed.

In other Orland news, the City Council had planned to go over the 
city's General Plan Tuesday. However, the public hearing has been 
rescheduled to Feb. 21.

Documents on the General Plan are available at City Hall (also on 
disc), the city library and online at: cityoforland.com. Click on 
"residents," then click "zoning ordinance," then scroll down to "documents."
- ---
MAP posted-by: Jay Bergstrom