Nov. 2--Marijuana could be banned in Red Bluff if the City Council passes an ordinance recommended by the planning commission to ban the cultivation of medical marijuana, collectives, cooperatives and dispensaries.
The council will vote during its regular meeting Tuesday.
City staff is trying to deal with the issue now because of the increase in the level of activity involving the growth and distribution of marijuana.
There have been more citizen complaints this year about backyard growers, mostly over the odor and traffic, Mayor Wayne Brown said in a telephone interview.
The city has been operating under an expressed provision that if growing growing or distributing marijuana is not in the zoning code, then it is not legal. Passing the ordinance would write that provision into city code, making it easier for staff to enforce the law, Planning Director Scot Timboe said.
Most medical marijuana users argue that they are protected by state law and allowed to legally grow marijuana.
Prop. 215, the Compassionate Use Act, legalized medicinal marijuana for medical users in the state. SB 420, the Medical Marijuana Program, created guidelines such as getting a doctor's recommendation.
But neither law overrides the city's zoning authority, said City Attorney Richard Crabtree at the Oct. 13 Planning Commission meeting.
If the ordinance is passed, those who are caught growing marijuana will be cited for violating the ordinance, said Police Chief Paul Nanfito in a telephone interview. Protection under Prop. 215 and the Medical Marijuana Program will be considered on a case by case basis for criminal prosecution.
The council will hear public comments before it votes on the matter. The meeting will be 7 p.m. Tuesday at City Hall, 555 Washington St.
Staff Writer Tang Lor can be reached at 527-2153, extension 110, or at
tlor@redbluffdailynews.com
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