Politics & Government

Did Roseville Council Do the Right Thing in Banning Outdoor Pot Growing?

Councilmembers heard comments from more than a dozen residents during Wednesday's meeting from both sides of the issue. They eventually passed an ordinance to ban outdoor cultivation of medical marijuana.

Medical marijuana users and growers must take their cultivations indoors, according to a new ordinance passed by Roseville City Council in a 4-1 vote during the June 20 meeting. Councilman John Allard voted against the ordinance.

The ordinance restricts all outdoor cultivation of medical marijuana and limits indoor cultivation to under 50-square-feet and under 10-feet tall in a grower’s primary residence. The cultivation must also be out of public view. Residents who do not adhere to the ordinance could face a $500 daily fine. Kitchens, bathrooms and primary bedrooms can not be used extensively for growing medical marijuana, according to the ordinance.

The ordinance came after some residents of the Cresthaven neighborhood, between Cirby Way and Vernon Street, and has become so bad that some residents say they can’t enjoy their backyards.

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After hearing 15 minutes of comments each from both sides of the issue, the majority of Roseville City Councilmembers sympathized more with homeowners, not growers.

“I think that this is a fair tool for us to use right now and it helps us preserve the quality and livability of the neighborhoods in Roseville,” Vice Mayor Susan Rohan said.

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Councilwoman Carol Garcia said she takes issue with a resident’s concern if they aren't able to go outside their homes without smelling marijuana.

Allard, on the other hand, suggested Council look into more regulations for outdoor cultivation.

“My suggestion would be in between now and when this ordinance might take affect, which is not until November if we approved it tonight, there should be more outreach, more effort to work with the people that actually need the marijuana, have the right to grow the marijuana to see if we can come up with a compromise,” Allard said.

Allard also raised concerns about the possibility that the City could face lawsuits in the future if the ordinance passed.

“I think we’re going down a slippery slope here … We’ve got some court action going on and if we take this step we may find ourselves in a few months right in the middle of the barrel of a lawsuit …,” Allard said.

Roseville City Attorney Brita Bayless said there is risk that the city could be sued over this ordinance.

“At this time, the proposed ordinance brought before you is within the range of what staff thinks is probably the most defensible, most viable under state law and federal law if the council decides it wants to adopt an ordinance, but there’s some risk that it runs a foul of either or both,” Bayless said. “The unsettled state of the law does heighten the likelihood that the city could get sued over the ordinance.”

Before coming to a decision, residents had the opportunity to address concerns or share praise regarding the ordinance.

Those against the ordinance

Ryan Landers, a medical marijuana advocate, said forcing people to grow indoors may create crime.

“You guys are really creating more crime in your community by sending all these patients to the black market,” he said.

Other people shared concerns about the costs associated with growing indoors including increased energy costs and the need to buy equipment. Others said by banning outdoor cultivation, it prevents some from being able to grow indoors because of either cost or inability.

Lanette Davies with Crusaders for Patients Rights in the Sacramento area, said she represents patients, many who were afraid to come before Council and encouraged the Council to come back to the issue.

Those in favor of the ordinance

Cresthaven neighborhood resident Bob Cummings said he couldn’t use his backyard because “it stinks.”

“We’re not asking to eliminate growing marijuana, but allow us to use our homes,” he said.

Another resident said she views the ordinance as a compromise between users and residents.

“The smell does bother people,” she said. “We have to respect everyone’s rights here, not just the medical marijuana users, but also residents.”

Others shared concerns regarding increased crime that could come with outdoor cultivation and a decline in property values.

The ordinance must be read again at a council meeting before it is officially enacted, and would then take effect Nov. 1.

Residents, what do you think? Should medical marijuana growing be banned outdoors?


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