CLEARLAKE >> In another attempt at tightening medical marijuana regulation the city of Clearlake’s planning commission will discuss amendments to the current law at its regular meeting today.
City Manager Greg Folsom will present a draft ordinance to the commission, proposing many changes to the city’s municipal code — legislation that would create restrictions on the location, process, and quantity of growing operations.
Under the new ordinance, cultivation would be limited to only six plants on an approved residence instead of currently basing crop quantity on land size. Because of this, commercial growing would be prohibited, with limited exemptions outlined in Chapter Five of the city’s municipal code.
In addition to the current restrictions on location, the draft would also prevent growers from cultivating within 100 feet of the lake and banks of major creeks such as Burns Valley and Miller.
Without these environmental regulations, the proposal claims, the failure “may result in further environmental damage related to stormwater pollution, groundwater contamination and loss of wildlife habitat.” According to Folsom, that contamination was noted by the Native American tribes of Clearlake, who told the city that the algae blooms in the water were caused by runoffs from illegal grows.
Another major problem is crime.
Since the original ordinance’s passage, there have been multiple cases of violent crime to which Folsom said is “directly related to marijuana cultivation.” This, along with other problems, motivated the city to fully ban medical marijuana growth earlier this year until a referendum repealed the restriction in July.
Shortly after, the council asked that an ad hoc committee be created to review and propose changes to the legislation.
“Given the new laws, we’re taking the opportunity to recommend tightening up our ordinance,” he said, in reference to California’s Medical Marijuana Safety and Regulation Act passed in September.
To further address illegal sale and other abuses, the new ordinance would require growers to secure a permit from the Clearlake Police Department before they proceed. The permit, which would initially cost $150, would be valid for one year and may be denied if its issuance “would be detrimental to the public health, safety, or welfare,” or if the applicant has a drug-related conviction.
Although it doesn’t exist in the ordinance, Folsom added that he would recommend to the commission that a physician’s reference should be included in the application process.
That argument and many others will be heard at the commission’s meeting tonight. According to Folsom, a high turnout is expected.
“We expect to get a lot of folks there,” he said. “With the ad hoc committee we tried to get a good cross section. We tried to get both perspectives.”
If approved, the ordinance would go to the city council for final passage. The council may also request it come before them if the opposition action is taken.
The meeting begins at 6 p.m. at Clearlake City Hall.
