Arcata What Will The Guidelines Be?

[vta]

1200 watts lol

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URL: http://www.mapinc.org/drugnews/v08/n1046/a07.html


MEDICAL MARIJUANA: WHAT WILL THE GUIDELINES BE?

If the Arcata City Council approves of the new medical marijuana guidelines tonight, patients, caregivers and dispensaries in the inland areas of the city will have to adhere to regulations imposed on the cultivation and dispensing of medical marijuana.

The council will vote on amending the guidelines, which aim to regulate how dispensaries operate in hopes of curbing Proposition 215 abuse, and add them to the recently adopted land use codes. The guidelines -- which will apply to all areas of Arcata except those that remain in the coastal zone, which is located mainly in the bottoms as well as south G Street -- will go into effect in about a month, according to senior planner Joe Mateer.

The guidelines cover everything from the definition of medical marijuana terms to how medical marijuana can legally be cultivated in a residence. It will also cover the permitting of cooperatives or collectives.

For residential grows of Prop. 215 patients and primary caregivers, restrictions would be placed on space and lighting wattage.

Also, the grower must be a resident in the house where the grow is cultivated and cannot have a grow in another home. And there can be no signs of the grow inside or outside of the house.

No sale or dispensing of medical marijuana for personal use is allowed. Any residences exceeding limits will be required to have documentation of a need for more cultivation.

Mateer emphasized that a process is in place to validate any complaints made against houses that may be in violation of the guidelines. The process will include the filing of a complaint, notices and an inspection, which could result in disconnecting electrical meters because of potential electrical hazards, said staff reports.

Violations could also result in a criminal or civil injunction with penalty .

For the dispensaries, permitting will be limited to specific zones. The guidelines will put restrictions on the number of dispensaries in the area, as well as the source of medical marijuana. Dispensaries will have to submit a detailed operations manual to provide a transparent overview of their daily operations and record keeping, as well as submit to an annual review.

The city will regulatie the number of clinics. For now, the cap will be at four. If two of the four dispensaries stop operating, the cap will stay at two.

The council will take public comments before considering the amendments at the meeting tonight at 6 p.m. at City Hall.

To review the complete guidelines, visit www.cityofarcata.org.

Guideline highlights:

Residential:

* Cultivation area shall not exceed 50 square feet and ten feet in height per residence

* Lighting shall not exceed 1,200 watts

* Use of gas products for cultivation or processing is prohibited

* Residence shall maintain kitchen, bathroom and primary bedroom for their intended use and not for cultivation

Dispensaries:

* Total number of dispensaries will be limited with the ultimate goal of reducing the number from four to two

* If use permit calls for limited on-site cultivation, the cultivation cannot exceed 25 percent of the total floor area with a cap of 1,500 square feet and ten feet in height

* Qualified patients can be a source of medical marijuana, but they must be a member of the cooperative or collective, and cannot be paid. The dispensary can credit the patient.

* Hours of operation must be between 8 a.m. and 8 p.m. unless otherwise specified in a permit

 

[guest]

"Wha'cha in for?"

"illegal use of electricity."

>Use of gas products for cultivation or processing is prohibited<

Are growers allowed to fart?

 

[Storm Crow]

If you buy one of those home brew beer kits and have it going in the grow room, is that "use of gas products for cultivation"? (Yeast needs warmth, plants need CO2- if kept in separate areas... it might work.)

"Total number of dispensaries will be limited with the ultimate goal of reducing the number from four to two"

To me, this sounds like life is about to become miserable for ALL dispensaries in the area! They will be doing everything they can to make the owners say "I quit!". I foresee repeated "Safety inspections, followed by "lost" paperwork.... they will do every dirty (but legal) trick they can.

 

[Pops]

It is evident that both the Attorney General of California and the politicians in Arcata are fond of ignoring the ruling of the Mendocino Appeals Court,who said that any provisions of SB420 that alter Prop 215 are unconstitutional. The politicians still want to set guidelines that they are not constitutionally allowed to set. Since Prop 215 had no limits on plants or growing space or the amount of electricity you can use, the cities and counties have no right to set any limit. They can certainly try,in order to try to intimidate their citizens, but they also can be sued for violating the constitutional rights of their citizens. Even drug dealers have rights, though most don't realize it. Under California law, medical growers do have rights that the city, county and state cannot fuck with under penalty of law. We all need to get that through our heads and not let a few asshole politicians lie to us and make us think we are criminals.

 

[inflorescence]

Even drug dealers have rights, though most don't realize it.

Thanks for showing me that side of you Pops.

NEways, Arcata's ordinances seem reasonable for most people with personal med problems.

Not hard to see how the cash croppers would be against this.

 

[Pops]

Inflorescence, the Government considers all of us drug dealers, regardless of the state laws. If you use cannabis, you are a criminal and have no right to criticize anyone. You come off as being so high and mighty, but if you use it,you are as guilty as the rest of us. Some day, you will pull your head out of your ass and realize that we have to stick together until the laws change. Once pot is legal, it will be cheap. Until then, people who are risking their ass to grow it can charge whatever the market will stand.

 

[Greenbdman]

50 square feet, shit thats only a 5x5. So where are you suppose to have your vegging plants, as a 5x5 would barely be enough room to flower 1200 watts? These limits arn't right, even for the small time med grower.

 

[shiva das]

1200 watts sounds like a mother room to me. I'm glad I moved out of there. I argee with you Pops

the Government considers all of us drug dealers, regardless of the state laws. If you use cannabis, you are a criminal and have no right to criticize anyone. You come off as being so high and mighty, but if you use it,you are as guilty as the rest of us. Some day, you will pull your head out of your ass and realize that we have to stick together until the laws change.

There's too many growers up there. Hell, you go down into the bottoms and the F'in place just reaks. Arcata is a strange little place.

 

[AndreNicky]

The guidline is kinda harsh but atleast theres no set plant count. besides 5x5 space and 1200watts of light is enough to supply any med patients needs, the only people who would truley be mad about this are the cash croppers(and people who just invested in co2 )

 

[FyahBlaZe]

Heres another article on the subject from the local paper.At least they removed the 4oz limit ,that was some bullshit.

Council passes around pot, passes cannabis standards – November 11, 2008
Kevin L. Hoover
Eye Editor
CITY HALL – The City Council last week signed off on draft standards for medical marijuana, including far-reaching regulations governing cannabis dispensaries and home cultivation by Prop 215 patients. The standards attempt to eliminate illegal for-profit home cultivation as well.


The council meeting covered familiar ground, but this time included props – including actual cannabis.


The new standards limit home cultivation for Prop 215 patients to 50 square feet with 1,200 watts of lighting and a 10-foot height limit. Use of growth-stimulating gases is prohibited. Homegrown medical marijuana may not be sold, and a patient may only maintain one grow. Homes with grows must retain functional kitchens, bathrooms and bedrooms and can’t stink up the neighborhood.


Those who require more than 50 square feet of cultivation for their medical needs may be granted a variance to grow in up to 100 square feet with extra fire safety measures in the form of greenboard firewalls.


No more than four medical marijuana cooperatives/collectives may operate in Arcata, and if one closes, the limit drops and stays at three. A cannabis center may not use more than 1,500 square feet or 25 percent of its floor space for growing.

The centers can’t buy from grow houses. They must develop detailed Operations Manuals documenting patients screening procedures and tracking data for cannabis acquisition and dispensation. They must develop energy conservation and waste recycling procedures. Annual performance reviews are required. A proposed limit of four dispensed ounces of cannabis per patient per month came under fire, with heavy criticism from patients, caregivers and clinicians.


Councilmember Harmony Groves had been in the forefront of questioning the four-ounce limit, which was intended to limit resale of dispensed marijuana onto the street market. Groves wondered why the City was halving the state Attorney General’s standard of eight dispensed ounces per month.

To help visualize the quantity, Police Chief Randy Mendosa had prepared sealed two plastic packages of seized marijuana in four- and eight-ounce quantities. Weighed out by the PD evidence technician, Mendosa had obtained legal clkearance from the District Attorney's office to make the demonstration.


As Mendosa passed the plump pot pouches up to the council dais for inspection, Councilmember Paul Pitino erupted in objections as to the point of the exercise.

“We all know what it looks like,” he said twice.


“‘We all’ may, but a lot of us may not,” responded Mayor Mark Wheetley.


Community Development Director Larry Oetker, who had requested the demonstration, agreed. “Just because we live in Humboldt County, everybody does not know what four ounces or eight ounces of marijuana looks like.”


“It just feels a little strange to me,” Pitino said. “A cubic inch of mercury is a pound,” he added helpfully.


Eventually, the four-ounce limit was dropped.


Some citizens wondered how the fancy new standards regarding grow houses will be enforced. Under the standards, citizens may complain to Community Development about suspected illegal grows, which will trigger code enforcement by the City via property inspections and, if a grow house is discovered, possible electrical power disconnection and nuisance abatement proceedings. Complaints will be kept confidential unless subpoenaed by a court in an ensuing criminal case.


The cannabis regs, Ordinance No. 1382, were approved for introduction and maybe adopted at the City Council’s Nov. 19 meeting.

 

[inflorescence]

Sounds like Arcata needs this.

Give growers an inch and they'll take a mile.

It's for personal use people.

Enough with the sales and distribution.

 

[Greyskull]

Enough with the sales and distribution.

Some day, you will pull your head out of your ass and realize that we have to stick together until the laws change. Once pot is legal, it will be cheap. Until then, people who are risking their ass to grow it can charge whatever the market will stand.

well said

 

[FyahBlaZe]

Enough with the sales and distribution.

Enough with the self righteous bullshit.

 

[coolx]

Sounds like Arcata needs this.

Give growers an inch and they'll take a mile.

It's for personal use people.

Enough with the sales and distribution.

talking out of your self-righteous ass again as usual. No it's not about personal use. What about (legal) growing for others who are too sick to grow their own?

 

[inflorescence]

What about (legal) growing for others who are too sick to grow their own?

Too coincidental, all these altruistic people showing up.

People aren't stupid.

 

[Greyskull]

People aren't stupid.

you don't seem to be doing much to prove that statement, smart guy

 

[minds_I]

....No it's not about personal use. What about (legal) growing for others who are too sick to grow their own?

Hello all,

You know, of those that I know of that are med patients and do not grow their own, they still get their meds.

I would like to remind those that this poloicy change came from the cash cropping cottage industry in the city limits and the negitive aspects associated....I applaud the city council for there actions to rid the community of cash croppers in the city limits.

As long as there is abuse of the system, the legitimatasy of the whole MMJ issues is suspect.

Just my two duckets.

minds_I


EDIT: I think when a policy that allows for taxes to be collected in the entire mmj industry (farming and distribution and sales tax) can be established, you will see further advances in medical marijuana. Afterall, Arcata is in need of revenues..not just Arcata, but statewide.

 

[FyahBlaZe]

As long as there is abuse of the system, the legitimatasy of the whole MMJ issues is suspect.
minds_I

I think within any system there will be abuse of some kind were only human.
But the best comparison i think would be the abuse of prescription opiates and such, does this threaten the pharma industry from doing business or it legitamacy?

 

[G4life]

50 square feet, shit thats only a 5x5. So where are you suppose to have your vegging plants, as a 5x5 would barely be enough room to flower 1200 watts? These limits arn't right, even for the small time med grower.

Wouldnt a 5x5 area be only 25 square feet?...That would give you (2) 5x5 areas to grow your meds in.....1 for flower and 1 for Veg....Is this per patient???

 

[mark6699331]

Only reason at all this law passed is BIG $$$ givers from the club industry who want to corner the market. The whole town here is feuled by the green economy. Watch and see it flushed down the drain over the next few years. Everyone i know has already moved and left and is spending their hard earned$$$ in other towns. Boycott Arcata, I say!