Pubdate: Fri, 11 Apr 2014 Source: Gridley Herald, The (CA) Copyright: 2014 GateHouse Media, Inc. Contact: http://gridleyherald.com/ Details: http://www.mapinc.org/media/4937 Author: Lisa Van De Hey MARIJUANA ADDRESSED BY GRIDLEY CITY COUNCIL Consideration of "Special Situations," pertaining to the City of Gridley's Medical Marijuana Ordinance were discussed in a special Study Session held Monday preceding the regular Council meeting. The City of Gridley adopted a chapter entitled "Special Situations," on May 19, 2008 to regulate the cultivation of marijuana for medicinal purposes consistent with State legislation. The community has experienced regulatory issues since the adoption of the code related to the the number of plants allowed at locations in zoning districts, nuisance control from growing the plants, increased power use at residential sites that overload the existing systems and questions of occupancy for a person who has a medical prescription for the use of marijuana and, the caregiver and/or provider who may or may not reside at the patient's location. A series of complaints have been issued from residents that reside near the locations known to cultivate marijuana. City staff found that although the complaints are unrelated to criminal activities, the people complaining were not able to get relief from odors, chemical use, water over-use, and other problems which regulation in the current code does not specifically address. Since the passage of ordinances in various cities, it has been found that city ordinances were being ignored and marijuana is being grown for purposes other than what was envisioned. Some communities have challenged the validity of allowing it and have passed ordinances that prohibit the cultivation and sale of marijuana. These actions have been challenged and upheld by the courts with cities determining if cultivation and dispensing marijuana is an appropriate activity for their community. The cultivation and possession of marijuana, even for medicinal reasons continues to be illegal under Federal law. There is an opportunity for the City of Gridley to consider adopting similar code language disallowing the use entirely, or, to modify its code to be clearer. The City of Live Oak prohibited marijuana cultivation with their ordinance which was legally challenged in the Court of Appeal of the State of California Third Appellate District. The decision was appealed to the California Supreme Court which denied the appeal, upholding the lower court's decision. The Supreme Court decision to disallow the appeal of Maral v. Live Oak provides communities with some certainty that prohibiting cultivation and dispensing marijuana can be considered and adopted by the City of Gridley. This action also realigns the code with Federal law. During the regular Council meeting, Council members held a Public Hearing to receive citizen input on the City's intent to request release of funds. The City will submit a request to the California Department of Housing and Community Development (HCD) for the release of Community Development Block Grant Funds (CDBG) to undertake a project known as Owner-Occupied Housing Rehabilitation Program for the purpose of rehabilitating and improving low-income owner-occupied housing within the city limits of gridley. - --- MAP posted-by: Jo-D