Atascadero to legalize medical marijuana cultivation once again

Medical marijuana cultivation is expected to be legal again soon in Atascadero.

On Tuesday, the City Council unanimously approved the first reading of an ordinance that would allow a qualified medical marijuana patient to cultivate no more than six mature and 12 immature marijuana plants.

The city’s new ordinance would readopt Atascadero’s previous medical marijuana allowance, reversing a ban on cultivation adopted by the council on Jan. 26.

The council is expected to formally adopt the new ordinance in a second reading of the proposal at its April 12 meeting.

It’s considered an interim solution pending the possible legalization of marijuana for adult use, under a ballot initiative planned for the November election.

The city’s ban in January came in response to a March deadline in a state law that prompted many local jurisdictions to either prohibit or regulate marijuana or lose licensing control to the state. However, Gov. Jerry Brown repealed that March 1 deadline on Feb. 3.

“The council wanted to adopt something quickly to get us through the November election,” said Rachelle Rickard, Atascadero’s city manager. “This will take us until then, and then we’ll re-evaluate.”

Other conditions of the code include:

▪  A total of no more than nine mature and 15 immature marijuana plants may be cultivated on an individual property.

▪  The plants may not overhang or infringe into a neighbor’s yard.

▪  The cultivation must not occur on vacant property.

▪  No cultivation may occur in the front yard.

Other provisions of the proposed law require patients to reside in the dwelling units where they cultivate marijuana and grow the marijuana in a manner that is screened from view from the public right-of-way or any other property.

The qualified patient also must not sell, distribute, donate or provide the cultivated marijuana to anyone else.

Also under the proposed ordinance, the city reserves the right to abate any nuisance conditions, such as noxious odors or life and safety hazards associated with any private cultivation.

This story was originally published March 23, 2016 at 3:28 PM with the headline "Atascadero to legalize medical marijuana cultivation once again."