HTTP/1.0 200 OK
Content-Type: text/html
Marijuana Addressed By Gridley City Council
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