City May Ban Outdoor Pot Gardens

[IndianaToker]

By Glenda Anderson, The Press Democrat
Source: Press Democrat

Ukiah, CA -- Medical pot growers in Ukiah are ignoring a city law requiring them to obtain permits and to grow most plants indoors, pushing city officials to consider outlawing outdoor cannabis cultivation altogether. Ukiah's law requiring a use permit for medical pot-growing operations took effect two months ago. So far, "nobody's applied for a use permit," said Ukiah Planning Director Charley Stump.

Nonetheless, pot growers continue to operate.

Although it is not known how many pot patches exist in the city, officials have investigated at least 15 complaints about the gardens, Stump said.

The county Air Quality Management District has fielded about 40 calls complaining about the stench of ripening pot in Ukiah this harvest season, more than double the number of last year's, said Air Pollution Control Officer Dean Wolbach.

"It's not less smelly" in Ukiah, he said.

To make its pot-growing ordinance both easier to enforce and more resistant to expected court challenges, the Ukiah City Council tonight will consider dropping the use-permit requirement and adopting a ban on all outdoor marijuana plants.

The ordinance currently allows a maximum of six plants to be grown indoors on a residential lot. Up to two may be grown outdoors with special permission.

Proposed ordinance changes also include eliminating limits on the number of plants and dropping restrictions on their proximity to schools and churches.

City Councilman John McCowen, who spearheaded the regulation, was unsurprised it has been largely ignored.

"Clearly, most of the growers and the dispensaries are in this for the money. And as long as they think the profit outweighs the risk, they're going to go ahead with business as usual," he said.

Despite its failures, McCowen said he believes the ordinance has inhibited some pot gardens and he expects it to become more effective over time.

The ordinance was intended to reduce pot-related robberies, burglaries and the stench of ripe marijuana that has infiltrated residential neighborhoods since voters passed Proposition 215 in 1996, legalizing marijuana for medical use.

Dozens of cities, including Santa Rosa, Petaluma and Willits, have adopted or are working on ordinances to regulate medical pot gardens or dispensaries.

Medical pot advocates are fighting back.

Oakland-based Americans for Safe Access is suing several cities over pot-related ordinances and may add Ukiah to the list, said Safe Access attorney Joe Elford.

He said Ukiah's ordinance violates state medical pot laws and places patients in danger by requiring they apply through a public permit process.

"They're asking medical marijuana patients to put up a sign telling the world they're cultivating marijuana, which is arguably stupid," Elford said.

It's no wonder medical pot patients are ignoring the law, he said.

Elford said he may defend Ukiah pot grower Memo Parker, whose outdoor garden the city is trying to stop through a court injunction.

The founders of Hemp Plus Ministry, Ukiah's newest marijuana dispensary, also may be headed to court.

They claim they're a church so they're not bound by the city's temporary prohibition on pot dispensaries.

"All plants and cannabis were put here for us by the Creator," said the Rev. Patrick Duff, who is an ordained minister through the Universal Life Church, which offers certificates on the Internet.

Rapport said the alleged church exemption is doubtful.

"To claim they have a First Amendment right to use marijuana in their religion is highly questionable," he said.

Complete Title: City May Ban Outdoor Pot Gardens as Growers Ignore Law

Source: Press Democrat, The (CA)
Author: Glenda Anderson, The Press Democrat
Published: Wednesday, October 19, 2005
Copyright: 2005 The Press Democrat
Contact: letters@pressdemo.com
Website: http://www.pressdemo.com/
Link to article: http://www.cannabisnews.com/news/thread21208.shtml