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LAKEPORT — The details of a new marijuana ordinance were read and introduced to the Lakeport City Council Tuesday. According to the ordinance, “No cultivation of marijuana is to occur within city limits.” This would include even those with licenses obtained through proposition 215.

“I feel that a city is not an appropriate place to grow marijuana,” said Lakeport Police Chief Kevin Burke. “It”s a matter of public safety and a quality of life for our residents of Lakeport.”

Proposition 215 voted into California law during the Nov. 5, 1996 election. Also known as the Compassionate Use Act of 1996, the proposition was a statewide voter initiative that allows those with a valid doctor”s recommendation to possess and cultivate marijuana for personal medical use.

“What people don”t realize is that 80 percent of patients who use marijuana for medicinal purpose are on fixed incomes,” said Charles “Eddy” Lepp, a self-proclaimed medical marijuana and human rights activist. “Most patients can”t afford to purchase it.”

Lepp stated that he is realistic when it comes to this matter and understands law enforcement”s position when it comes to growing marijuana. He realizes that the cash value of marijuana can create a dangerous environment.

In 1996, Lepp was arrested for cultivation of 131 marijuana plants. He made history with arrest, in that he became the first person to be arrested, tried and acquitted in California under Proposition 215, the medical marijuana law passed by state referendum.

This law has caused much conflict in California between state”s rights advocates and those who support a stronger federal presence. Although “Compassionate Use” is now protected in California law, the federal government continues to affect prosecutions under the Controlled Substances Act.

The conflict over state and federal law and the enforcement of either has been a source of confusion with those affected by Propostition 215. The proposed city ordinance has the potential to affect residents of Lakeport who already grow marijuana medical or otherwise and those planning to grow marijuana.

A public hearing on the proposed ordinance will be held at the next city council meeting, which has not been scheduled yet, but is usually held the second Tuesday of the month at Lakeport City Council Chambers. A second reading will then take place and if voted in, a publication period would occur after that. The ordinance would go into effect 30 days after that publication period.

Contact Rene Morales at rmorales@record-bee.com.

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