LAKEPORT — On Tuesday, the Lakeport City Council voted to redraft the current proposed Marijuana Ordinance on agenda and to re-vote on it when completed.
The new draft will include that “No cultivation of marijuana is to occur within city limits.” This would include even those with licenses obtained through Proposition 215.
Proposition 215 appeared on the Nov. 5, 1996 ballot in a California General Election. It passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against. Also known as the Compassionate Use Act of 1996, the proposition was a state-wide voter initiative authored by Dennis Peron, Valerie Corral , Dale Gieringer, William Panzer, Steve Kubby, Richard Cohen and Ivan Silverberg and by nurse Anna Boyce and approved by California voters. It allows those with a valid doctor”s recommendation to possess and cultivate marijuana for personal medical use.
This law has caused much conflict in the United States between states” rights advocates and those who support a stronger federal presence. Although “Compassionate Use” is now protected in California law, the federal government continues to effect prosecutions under the Controlled Substances Act. The constitutionality of the act was recently challenged, but subsequently upheld by the Supreme Court (cf. Gonzales v. Raich). Upon announcement of the Supreme Court decision, California Governor Arnold Schwarzenegger briefly suspended the operation of programs related to compassionate use, but was compelled to resume after Attorney General Bill Lockyer issued a memo stating the supreme court ruling does not change any laws involving medical marijuana in California, it only confirmed that federal raids by the DEA was in fact legal and can continue to take place.
“Even though I don”t smoke or grow marijuana, California voters passed 215 and we should honor it,” said, Joshua Snipes, 28, of Clearlake.
According to the Lakeport City Council this ordinance still has to go through certain steps to take effect. A new reading would take place followed by a public hearing. A second reading would then take place and if voted in, a publication period would occur after that. The ordinance would go to effect 30 days after that publication period. Contact Rene Morales at rmorales@record-bee.com.
