Pubdate: Fri, 28 Dec 2012
Source: Oroville Mercury-Register (CA)
Copyright: 2012 Oroville Mercury Register
Contact:  http://www.orovillemr.com/
Details: http://www.mapinc.org/media/2277
Author: Mary Weston

POT CULTIVATION ORDINANCE READY FOR COUNCIL

OROVILLE - The Oroville Planning Commission has approved a new 
medical marijuana growing ordinance that will go before the City 
Council for final approval.

Earlier this year the council approved an ordinance regarding 
marijuana dispensaries inside city boundaries. At the July 10 
meeting, the council directed the medical marijuana committee and 
city staff to research and develop an ordinance on cultivating 
medical marijuana in the city.

The intent is to require medical marijuana be grown in appropriately 
secured, enclosed and ventilated structures, so it is not visible to 
the general public, and to protect the health, safety and welfare of 
the public.

Planning and Development Services Director Donald Rust said the idea 
is to prevent marijuana from being a nuisance to neighbors or an 
attraction for home invasion robberies.

"The idea is to secure it inside a house or building, so no one would 
know they are growing it," Rust said.

The ordinance also prevents the odor from marijuana plants from 
impacting residents of nearby properties, Rust said.

The ordinance further ensures that marijuana grown for medical 
purposes doesn't get in the hands of people who don't have scripts or 
into the illegal drug market, he said.

The requirements are not intended to impair the legal right available 
to a person using or possessing medical marijuana in accordance to 
the Compassionate Use Act.

Likewise, nothing in the ordinance is intended to authorize 
cultivation, possession or use of marijuana for non-medical purposes 
in violation of state or federal law.

After the ordinance is approved and goes into effect, everyone who 
grows marijuana for medical use will need a permit from the city. 
Cultivating marijuana in the city without a permit will be illegal.

Only a person with a medical script or their caregiver can qualify 
under the ordinance to grow medical cannabis.

To legally grow medical marijuana inside the city, a qualified person 
must apply for a permit, meet all the requirements and have the 
growing facilities inspected by the police chief or a person 
designated by the police chief.

The permit will be issued by the police chief or his or her designee.

With a permit, medical marijuana can be grown inside a house or in a 
fully secured building detached from the house with a 10-foot setback 
from other properties.

Detached grow buildings cannot be larger than 120 square-feet and 
must have and have an air filtering and ventilation system.

Detached structures used to grow marijuana whether new or altered 
must have a building permit issued by the building official and 
comply with all the requirements.

The detached structure must be surrounded by a solid six-foot fence.

Mechanical or electronic security systems approved by a building 
official must be installed in and around the detached structure or 
residence before cultivation begins.

The grow area inside a house cannot exceed 50 square-feet.

Cultivation cannot be done in a kitchen, bathroom or bedroom.

The grow can be in a bedroom or den not used for sleeping, but the 
room cannot be carpeted.

Plants can only be grown in a residential or agricultural-residential zone.

Grows cannot be accessible to anyone under 18 years old, or within 
1,000 feet of a school, day care center or park.

The Planning Commission had a public hearing on the ordinance at the 
Dec. 17 meeting.

Rust said it passed 4-1 with Adonna Brand and Rhonda Brunson absent. 
Dan Gordon voted no; Hardeep Singh, Carl Durling, Damon Robison and 
Randy Chapman voted yes.

The ordinance will go before the City Council in an upcoming meeting 
for final approval.
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MAP posted-by: Jay Bergstrom