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. - --- MAP posted-by: Jay Bergstrom