Paso Robles commission OKs proposal to change marijuana cultivation rules

Editor’s note: This story has been changed slightly from the original to clarify the commission’s recommendation as it relates to Proposition 64.

The Paso Robles Planning Commission on Tuesday voted 4-3 to recommend the City Council adjust local restrictions if a statewide ballot measure that would legalize recreational marijuana use passes in November. The commission recommended the tightest restrictions the statewide measure would allow a city to impose.

That vote left some residents unhappy that the commission didn’t go further and loosen some current restrictions.

About a dozen people addressed the commission, with most — including those who use medical marijuana and those who sell it to patients through allowed mobile delivery services — urging the panel to consider allowances for physical dispensaries and the ability to grow plants outside.

In January, the City Council outlawed cultivation of medical marijuana ahead of a previous state deadline set by the California Medical Marijuana Regulation and Safety Act, which gave local governments until March 1 to pass laws dealing with medical marijuana cultivation. If no local regulations existed by that time, the state Department of Food and Agriculture was to become the licensing authority.

Gov. Jerry Brown in February signed a bill eliminating that deadline, giving local governments more time to develop rules.

Californians have had access to medical marijuana since 1996, although Paso Robles has prohibited brick-and-mortar dispensaries since 2007.

On Nov. 8, California voters will consider Proposition 64, which would legalize marijuana statewide for adult recreational use and cultivation, subject to some local regulations and taxes.

Under the amendment, Paso Robles commissioners recommended for approval on Tuesday, small-scale recreational cultivation would be allowed for personal use if Proposition 64 passes. Residents could grow up to six plants, but only indoors. Medical marijuana cultivation would be subject to similar restrictions. Delivery services would also be permitted, as they are now, but not storefront dispensaries. No commercial cultivation would be allowed.

Prop. 64 would require local governments to allow indoor cultivation of up to six plants, but outdoor cultivation could be regulated locally.

Warren Frace, the city’s Community Development director, said the amendment was a matter of proactively regulating marijuana ahead of the expected passage of Proposition 64.

“That’s really the issue that’s before us,” Frace said. “The issue of maintaining local control.”

Resident Sunni Mullinax said medical marijuana helped her with the side effects of colon cancer treatment and urged the commission to allow storefront dispensaries. She said she felt uncomfortable receiving deliveries from mobile dispensaries when home alone, but she usually has no choice because the nearest physical store is more than 100 miles south, in Goleta.

“I understand the social stigma that goes along with medical cannabis,” Mullinax said.

Jeannie Wolfsen of Green Houz Solutions, which delivers medical marijuana to patients in the area, said her customers don’t fit the profile of stereotypical marijuana users.

“The people that we serve are not your typical Cheech & Chong,” she said.

In spite of the community’s show of support for fewer restrictions, some commissioners said it was too early to take action, considering Proposition 64 hasn’t been passed yet.

“I’m concerned that we don’t rush this process,” Commissioner Scott Brennan said.

Commissioner Doug Barth said he was unhappy that the city hadn’t revisited the issue of medical marijuana cultivation, as officials promised they would after hastily banning grows earlier in the year. He suggested first discussing medical marijuana before returning to recreational uses after the election.

But Paso Robles police Chief Robert Burton said it was important to set regulations ahead of the Nov. 8 election to prevent marijuana-related businesses from opening if the city might outlaw them later.

Chairman Bob Rollins said commissioners are “not policymakers,” and their only job is to assess the amendment from a planning perspective. Rollins said he worried that if commissioners didn’t move the amendment along, they would prevent the City Council, which can modify the amendment, from taking action.

After an initial vote to table the amendment failed, commissioners approved a motion to move it along to the council, with Barth, Brennan and Tom Burgett voting no.

The Paso Robles City Council will hold a workshop during its Tuesday meeting to allow further public feedback. The meeting will be held at 6:30 p.m. in Council Chambers at the Paso Robles Library/City Hall Conference Center, 1000 Spring St.

This story was originally published August 31, 2016 at 3:44 PM with the headline "Paso Robles commission OKs proposal to change marijuana cultivation rules."