An example of a a town prohibiting Medical Cannabis

[JackTheGrower]

Just an FYI here. This seems to be the actual tangle of words trying to effect stopping people from even growing cannabis.
The efforts to call medical cannabis a nuisance with out calling it a nuisance are interesting.

What I wonder is can they actually stop people from growing their meds because someone may see or smell it?
If so can any place ban medical cannabis because citizens don't like it?

This may be the true anal example of cannabis phobia.



Dispensaries, cultivation ban approved by Montague council

Montague, Calif. -

With a minimum of discussion, the Montague City Council unanimously approved two marijuana-related ordinances at its Thursday meeting.
The council first OK’ed Ordinance 09-07, termed “an Uncodified Interim Urgency Ordinance of the City Council of Montague Extending Interim Urgency Ordinance No. 09-06, which imposes a Temporary Moratorium on the Establishment of Medical Marijuana Dispensaries in the City for an Additional 90 Days.”
Prior to the 5-0 vote, Councilwoman Jayne Keller explained that the previous moratorium (09-06) was for 45 days, giving the council time “in order to get this ordinance in place.”
The new ordinance reads in part:
“Whereas, in 1996 the voters of the State of California approved Proposition 215 ... entitled ‘The Compassionate Use Act of 1996’ (‘the Act’); and
“Whereas, as a result of Proposition 215, individuals have established medical marijuana dispensaries in various cities; and
“Whereas, the intent of the Act was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific circumstances; and
“Whereas, on January 1, 2004, Senate Bill 420 became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act; and
“Whereas, on June 6 ... the United States Supreme Court found there to be no legally recognizable medical necessity exception under Federal Law to the prohibition of possession, use, manufacture or distribution of marijuana under Federal law; and
“Whereas, in February 2009, the U.S. Attorney General stated that federal law enforcement officials would not cause enforcement at California medical marijuana facilities; and
“Whereas, City staff has received inquiries from individuals as to the possibility of establishing medical marijuana dispensaries throughout the City, which may or may not be as a result of the aforementioned lack of enforcement by federal officials; and
“Whereas, the City has not adopted rules and regulations specifically applicable to the establishment and operation of medical marijuana dispensaries. The lack of such controls may lead to a proliferation of dispensaries and the inability of the City to regulate these establishments in a manner that will protect the general public, homes and businesses adjacent to and near such businesses, and the patients or clients of such establishments.
“Whereas, based on the adverse secondary impacts experienced by other cities and the lack of any regulatory program in the City regarding the establishment of operation of medical marijuana dispensaries; it is reasonable to conclude that negative effects on the public health, safety, and welfare may occur in Montague as a result of the proliferation of medical marijuana dispensaries and the lack of appropriate regulations governing the establishment of such facilities.
“Whereas, a medical marijuana dispensary currently is not an expressly permitted use or a use permitted subject to a conditional use permit in any zoning district in the City of Montague. However, such establishments may seek to locate in any zoning district disguised as a permitted use, or may seek to legalize this use.
“Whereas, the establishment of, or the issuance or approval of any permit, certificate of use and occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City may result in a threat to public health, safety, and welfare in that the Montague Municipal Code does not currently regulate the location and operation of medical marijuana dispensaries and does not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City.”
The ordinance goes on to define and explain the city’s actions in regard to the above.
The council next passed by title only the first reading Ordinance No. 09-08, prohibiting medical marijuana dispensaries, collectives, cooperatives and the cultivation of marijuana in any zoning district in Montague.
That ordinance begins with more or less the same wording as Ordinance 09-07, explaining the background that resulted in consideration of the action, and goes on to state that “Facilities which dispense marijuana have the potential to cause serious harmful effects on the neighborhoods in which they are located, to owners of property in such neighborhoods, and to citizens living, visiting, shopping, conducting business or otherwise present in the area, as reported by several other California Counties and Cities. Such effects are due to such factors as the illegal nature of the activity under federal law, the presence of large quantities of marijuana at the dispensaries, the presence of large amounts of cash, the presence of weapons, and other factors. Harmful effects at the dispensaries and the surrounding areas have included an increase in burglaries, robberies, illegal sales of drugs, use of (and) possession of marijuana by unauthorized persons, attacks on persons entering or leaving the premises, loitering, smoking marijuana in public places, and driving while under the influence of marijuana ...
“The number of parcels in the City used to grow marijuana has increased substantially. Marijuana plants as they begin to (f)lower and for a period of two months or more during the growing season (August-October) produce an extremely strong odor, offensive to many people, and detectable far beyond property boundaries. This odor has interfered with Montague residents’ use and enjoyment of their property. The strong smell of marijuana as well as its visibility from adjacent parcels or from areas accessible to the general public advertises its presence in the neighborhood and creates both an attractive nuisance and the risk of robbery, theft and violence. The city of Montague is a relatively small city and has limited resources available to engage in extensive regulation of marijuana cultivation ... The City desires to prohibit the establishment of medical marijuana dispesaries, collectives and cooperatives and the cultivation of marijuana in any zone districts within the City of Montague and to protect the health, safety and welfare of the residents of Montague ... ”
The ordinance then defines marijuana dispensaries, collectives and cooperatives, and states that “Cultivation means the planting, growing, harvesting, drying, or processing of cannabis/marijuana plants or any part thereof, whether indoors or outdoors.”
There was no input offered by the small crowd in attendance at Thursday’s meeting, and the motion to approve the ordinance was 5-0 in favor.
true

 

[headfortrinity]

Wow I always liked Montague when I'd go up there for work. They have good potatoes, I've even considered moving there. not now

 

[centralcoastbud]

Whereas, you are going to get sued.

 

[JackTheGrower]

Whereas, you are going to get sued.

Since it's legal in D.C. how can they deny us now?