Pot shop ban extended in Corning

Corning has given itself an additional 10 months and 15 days to decide what to do about zoning and regulations for medical marijuana dispensaries within the city limits.

The extension came on a 4-1 vote after the council held a public hearing on Tuesday. Councilwoman Becky Hill was the opposing vote

The initial 45-day interim urgency ordinance banning medicinal marijuana dispensaries was approved Aug. 11, the extension will take the ordinance to Aug. 9, 2010.

On Tuesday, the council also approved the formation of an ad hoc committee to study the legalities of medical marijuana dispensaries, collectives and cooperatives.

The committee will be comprised of Hill, Mayor Gary Strack, and Planning Commissioners Jesse Lopez and Ryan Reilly, with city staff providing support.

“This is a difficult subject,” City Planner John Stoufer told the council.

He would know, as he has been in the spotlight of the city’s dispensary issue since he denied a business license to Ken and Kathy Prather  when the couple applied for a license after opening Tehama Herbal Collective, on Solano Street.

Even without a city-issued business license, the Prathers have kept their nonprofit enterprise open, claiming they have all of the federal and state required licenses and documents necessary.

Councilman John Leach said he isn’t taking a stand for or against the use of medical marijuana, but feels he needs more time to educate himself on the subject. He apologized to the Prathers for not visiting the store.

Councilman Ross Turner said he doesn’t plan on visiting the Prathers’ store, and wanted the ordinance carried forward to give the city time to learn the outcomes of the numerous court cases throughout the state concerning marijuana dispensaries.

“I don’t care if people love me or hate me, I will do what is best for the community and its children,” he said

The Prathers, along with more than a dozen others, spoke out during the public hearing in support of the dispensary and medical marijuana.

“We as a collective body agree to abide by any rules and regulations the city comes up with to regulate, as long as it does not conflict with California law, and the health and safety codes which govern our collective rights as medical patients,” Ken Prather said.

He claims the city is being one-sided and biased on the issue, but publicly thanked police Chief Tony Cardenas and Det. Mel Allison for visiting his dispensary.

“We agreed to work with the department as far as the law allows,” Prather said.

One of Prather’s employees, their son, Jeff, told the council the dispensary has 600 customers.

There was also opposition to any dispensaries being in downtown Corning.

“I feel a dispensary in downtown legitimizes the use of marijuana in the minds of our young people. I have seen the negative effects marijuana use has on people and none of us are naive enough to think there aren’t unscrupulous doctors out there who will give anyone a medical marijuana recommend,” said Kim Brown, a high school teacher,

A medical marijuana recommend is, in essence, a prescription.

Sandy Powell of Corning said that while she isn’t against the legitimate use of medical marijuana she is opposed to a dispensary being located in downtown Corning.

“I believe dispensaries should be banned from the town. I just don’t believe the voters of this community want them here,” she said.

The Tehama County Board of Supervisors passed a 45-day interim urgency ordinance banning medicinal marijuana, collectives and cooperatives within county jurisdiction on Sept. 15.

Ken Prather submitted a Letter to the Editor, which will appear in Saturday's Corning Observer