cannabisnews.com: Council Looks at Restrictions on Pot Growing Council Looks at Restrictions on Pot Growing Posted by CN Staff on January 08, 2005 at 18:33:15 PT By Michael Riemenschneider Source: Ukiah Daily Journal Amid all of the events of Wednesday's Ukiah City Council meeting, one concerned a particular odor. And, no, that odor was not the stench of the homeless in and around the Pear Tree Center. This issue involved the marijuana grown throughout the summer in many Ukiah backyards, as well as the community's worries about the dope.At the Nov. 3 meeting, the council requested City Attorney David Rapport to outline the possible manners of restricting cultivation in the city. He reported back with lots of information and a draft ordinance. Rapport's report incited a substantial discussion, with many new ideas including requiring indoor growing and implementing use permits. Council members and members of the public supported passing a restrictive ordinance. One young mother, Tina Gordon, nearly crying, stated, "I have a feeling that banning (marijuana) altogether would not be an option in the county we live in. But I would say great.'" As it was merely an update, however, the ordinance was returned to staff for redrafting.Rapport began the discussion with news of a potential Supreme Court ruling. The 9th District Court of Appeals decided Congress did not have the right to enforce anti-narcotics laws in California, because Proposition 215 (the medical marijuana law) issues do not concern interstate commerce. Attorney General John Ashcroft immediately challenged the ruling, leading up to the Supreme Court case, Raich v. Ashcroft. Reports from the arguments before the Supreme Court seem to point to an overturning of Raich, and Rapport thought this would probably influence council members' decisions.After that, he reported the three-plant maximum sought by many on the council would probably conflict with state law, requiring more creative ways to restrict cultivation.Rapport suggested a requirement of indoor growing, a model developed in Willits. Most council members and members of the audience expressed approval of this idea. His suggestions also included a use permit, requiring a city grower to comply with the city's zoning regulations. The zoning permit would also require that marijuana not be grown on parcel adjacent to locations where children are present."Kind of like prohibition of a distillery next to a school," Mayor Mark Ashiku added, in the best analogy of the evening.With hopes of raising money through such permits, Council member Phil Baldwin asked Rapport, "Do you think city state law would allow us to tax mature plants beyond a certain number?"Yes, but the tax would require a ballot measure, he was told.Council member Doug Crane then presented an idea to include a warning and disclaimer on the use permit. It would state that the federal government still holds cultivation to be a crime, and the city is not liable for any federal prosecution. He also desired that growers have the approval of the owner of the property on which they grow.Council member John McCowen hoped the ordinance that passes will be as restrictive as possible.Generally, the council does seem to be fully supportive of a restrictive ordinance, and sent the many options presented at the council meeting back to Rapport.As Council member Baldwin stated to conclude the discussion, "I hope we can be extremely restrictive. I think the people that drafted (Prop.) 215 thought it was a step toward total legalization, and they also thought it would bring peace, love and happiness to the world."Source: Ukiah Daily Journal (CA)Author: Michael RiemenschneiderPublished: Saturday, January 08, 2005 Copyright: 2005 Ukiah Daily JournalContact: udj pacific.netWebsite: http://www.ukiahdailyjournal.com/Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htm 'I Really Consider Cannabis My Miracle'http://cannabisnews.com/news/thread20078.shtmlDA Says Pot Growing Complaints Civil Mattershttp://cannabisnews.com/news/thread19654.shtmlPungent Pot Causing Stink in Mendocino Countyhttp://cannabisnews.com/news/thread19492.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by FoM on January 09, 2005 at 19:16:41 PT Thanks kapt and Hope It sounds like it went very well. That's great to hear. [ Post Comment ] Comment #6 posted by Hope on January 09, 2005 at 19:15:41 PT Chief If that was him speaking at the end of the program, he pretty much said that being in law enforcement was not a good place to be to cause change. As a LEO and if you want to help, you pretty much have to be ready to retire, as he is. [ Post Comment ] Comment #5 posted by Hope on January 09, 2005 at 19:12:21 PT Kap I missed the first half of the show...when she spoke, apparently. Thanks for the info. I'm tickled. She managed to drag someone out to speak. They said she's running for Governor. Go Loretta!Governor Nall! Wouldn't that be a fine "upset"? [ Post Comment ] Comment #4 posted by kaptinemo on January 09, 2005 at 19:02:15 PT: Report card: Loretta Nall ROCKED! Though I have to say, the supposed anti turned out not to be at all the hard*ss I expected, so to be honest, it wasn't a real workout.Also...perhaps it was a matter of the show personnel themselves proving to be quite open-minded about the issue, and willing to give both sides ample time to make their cases. Which they did. Ms. Nall made just about every point that is made here, and did so with ease and poise. The history of the DrugWar, the fact that prior to Federal creation of the DrugWar there was less crime, less danger of impure substances ingested, etc. was brought up, as well as the disparity of the US prison population regarding race, and so much more. At the risk of seeming condescending, her 'opponent' Chief McAbee seemed unusually enlightened; he only differed with her on relatively minor points which did not invalidate Ms. Nall's. It did not devolve into the verbal slugfest I was half expecting to hear; on the contrary. But if she ever gets a chance to debate a real firebreathing, close minded sort, she'll draw blood, for sure. The lady has her ducks in line, and it shows.I hope a transcript is made available; it's a textbook example of how a real debate should be conducted... [ Post Comment ] Comment #3 posted by FoM on January 09, 2005 at 08:49:56 PT kapt Please let us know how the debate goes. [ Post Comment ] Comment #2 posted by kaptinemo on January 09, 2005 at 06:51:10 PT: Unrelated: Loretta Nall debates an anti Sunday Courtesy of Pete Guither at DrugWarRant (http://blogs.salon.com/0002762/) we learn that the gutsy and feisty Loretta Nall of the Alabama Marijuana Party will debate Western Carolina University Police Chief McAbee Sunday, 09 January at 8PM EST.The link to listen is here: http://www.wwcufm.com/index.php?option=content&task=view&id=26&Itemid=39The nice thing is there are multiple streams using different players, so if you don't like RealPlayer you geta choice. I'll be listening, count on it...Spread the word! [ Post Comment ] Comment #1 posted by ekim on January 08, 2005 at 21:34:56 PT love and happiness to the world." Yes, but the tax would require a ballot measure, he was told.Council member Doug Crane then presented an idea to include a warning and disclaimer on the use permit. It would state that the federal government still holds cultivation to be a crime, and the city is not liable for any federal prosecution. some regard toward upholding rights of permit holders is implict when asking for tax money. we are encouraged to stand be hind our investment and respond to the facts just the facts. http://www.leap.cc/events [ Post Comment ] Post Comment