CLEARLAKE >> In the next step towards revised medical marijuana regulation in Clearlake, the city council will begin discussion of a drafted ordinance at its regular meeting on Jan. 14.
Since the creation of an ad hoc Committee in early October, the ordinance has gone through three months of discussion including a review by the Clearlake Planning Commission. It comes as a response to problems some see with the current ordinance.
“The City Council was generally unhappy with the current ordinance and wanted to enact a more enforceable ordinance,” the staff report for the current agenda said, noting that the state’s Medical Marijuana Safety and Regulation Act granted the city a choice to regulate or ban the drug.
Last year the council attempted to pass a no grow decision. However, backlash from some members of the public led to the current situation.
“There is a sizable portion of the city that would like to cultivate medical marijuana,” the report points out. “The Ad hoc committee… is recommending a much stricter ordinance that can easily be enforced.”
One of the main problems is violent crime, City Manager Greg Folsom said. According to him, five of the six murders in Clearlake last year were directly related to marijuana.
Many other complaints pointed out runoffs from growing operations and sightings of the plants from public right of ways. This new ordinance is to get these and other maladies under control.
To do so, the city proposes to clamp down on the amount of marijuana plants grown on one residence to just six, no matter the size of the lot and prohibits cultivation within 100 feet of bodies of water like the lake and the surrounding creeks.
If passed, permitted, individual use growers would have to pay the city $150 by May 1 of each year or face a fine of $300. According to the staff report, this would increase revenues significantly to offset the cost for code enforcement since the only cash “generated under the current ordinance are through code violations, and most of those are difficult to collect.
“The ordinance would generate funds directly through application fees to help make the ordinance self-sustaining,” the document, which comes from Folsom, said.
The fee is also lower than what the city found in other areas. South Lake Tahoe has $350 initiation fee with an annual inspection fee of $217. According to its website, it also imposes a $1000 daily fine for failure to obtain a permit.
In order to obtain one, a patient must have proof of residence, landlord approval, a permanent water source, and must have their maximum 100 square foot area locked at all times. No criminal penalties can be imposed but a violation can result in a one year suspension. If there is a second violation, it will result in a permanent ban for the individual and the property.
The meeting begins at 6 p.m. with the council also discussing appointments to various committees. It will be at Clearlake City Hall.
