Pot dispensary ordinance extended, again

Corning staff has one more year to draft an ordinance regulating the distribution and possession of medical marijuana.

During Tuesday’s meeting the City Council unanimously approved a one-year extension to the interim ordinance prohibiting medical marijuana dispensaries, collectives or cooperatives within any zoning in the city.

That gives the staff until Aug. 6, 2011 to come up with a permanent ordinance, or no ordinance at all.

Ken and Kathy Prather, operators of the nonprofit medical marijuana dispensary, Tehama Herbal Collective – or THC – were not at all pleased with the council’s decision, and actually asked the council to drop the interim ordinance altogether.

“We ask the council to reconsider interim ordinance 637, as the predictions that provoked its implementation have with time been proven false,” said Ken Prather, who has announced he will run for the council in November.

According to Prather, the city approved the ordinance based on the fear the dispensary,  located at 1317 Solano St., would cause increased crime, such as robbery, loitering, vandalism, graffiti, gang activity, residential occupant complaints, and parking issues.

City Planner John Stoufer said the interim ordinance isn’t about medical marijuana or crime, but zoning codes and the health and safety of the community.

Stoufer denied the Prathers a use permit for their business last summer, but THC has remained open.

Since January, the city has been issuing the operators of the dispensary a dally citation based on the city ordinance. The case is now before the Tehama County Superior Court and a trial date has been scheduled for Sept. 15.

Stoufer said this is the last extension allowed the interim ordinance and is hoping the city will be better prepared to draft a permanent ordinance following the November election, at which time state voters will decide a ballot measure legalizing marijuana use.

Corning officials also are waiting for a pending court decision for a lawsuit against Anaheim concerning its ban on medical marijuana dispensaries.

Lois Jolene Cosby of Corning told the council that people in the state are being led to believe the revenues produced by the sale of marijuana would give local governments a boost.

She also invoked the memory of Carrie Holiman, the Corning teacher killed in Chico recently by a man suspected of driving under the influence of marijuana.

“Ask yourself these questions: ‘If this was my loved one killed by a pot smoker, would all the money made in profits from the sale of it compensate for the loss of my loved one?”  Cosby said.

Prather agreed Holiman’s death was tragic and does not believe anyone should be driving under the influence of marijuana, alcohol, or prescription or illegal drugs.

He also accused the City Council of not doing its homework.

“In speaking with the mayor (Gary Strack), he admitted he and the rest of the council have not met with city staff in any efforts that would produce a more permanent ordinance for a collective organization in Corning since the ban,” Prather said.

Strack took great offense to that comment.

“I disagree that nothing has been done,” he said. “I have a huge file on the subject and I have read over an inch thick of correspondence from people on the subject.”

He explained it would be in violation of the Brown Act, the governing open meeting law, for the council to speak on the subject among each other, but was required to study the matter individually and then discuss it in public City Council and special study sessions.

“At least four times a week I talk to John Stoufer about this very issue,” Strack stated.
Councilwoman Toni Parkins also took umbrage at Prather’s accusation.

“Don’t tell me we aren’t doing anything because we are,” she said. “I listen to all the people in this town and the majority don’t want you here. They want you people out of town.”