Now in line with Prop. 64, YC council shows worry over interim pot rules

The Yuba City City Council approved an interim marijuana cultivation ordinance Tuesday night, although councilmembers showed resistance to some of the nuances.

“I have huge concern with the sensitive use areas,” Councilwoman Preet Didbal said. “That doesn’t fly well.”

She was referencing the proximity of indoor cultivation to schools and parks. As the city ordinance was most recently written, medical marijuana cultivation must be a minimum of 700 feet from a school and 350 feet from a child care center or public park.

But now, under the passage by voters last fall of Proposition 64, there is no proximity requirement for indoor medical or recreational marijuana cultivation. Prop. 64 allows local jurisdictions to prohibit outdoor cultivation, which is still enacted in the city ordinance.

Development Services Director Arnoldo Rodriguez and City Attorney Tim Hayes both reported that local governments cannot regulate distance requirements.

According to the proposition, city and county jurisdictions can “reasonably regulate” marijuana cultivation but cannot prohibit it, Hayes said Wednesday. Imposing distance regulations could prohibit someone from cultivating marijuana, making the city out of compliance with the new law.

Hayes and Rodriguez said any future court cases could set a precedent for defining what “reasonable” regulation means, but until then, the city has no choice.

This interim ordinance, Rodriguez said, was simply to put the city in compliance with state law. It can be extended until the council is able to research, draft and adopt more permanent regulations.

According to the staff report, in the future council will have to consider the delivery of marijuana, per Assembly Bill 266; commercial cultivation; testing laboratories; mobile vending of marijuana; and brick and mortar dispensaries for recreational use. Currently, the city prohibits medical marijuana dispensaries.