Modesto moves closer to implementing medical pot regulations

Modesto has taken another step toward regulating medical marijuana.

The Planning Commission on Tuesday endorsed proposed regulations that would limit cultivation to qualified patients and their primary caregivers. The plants would have to be grown indoors and take up no more than 50 square feet.

The commission vote was 4-2, with Commissioners Steve Carter and Sandy Lucas voting “no.” Carter wanted a complete ban on medical marijuana, while Lucas wanted the focus on letting patients and caregivers grow no more than a few plants indoors or outdoors.

The City Council also was divided at a Dec. 8 workshop in which four of the seven council members initially supported allowing the grows to be as large as 100 square feet and for the grows to be indoors or outdoors. In the end, six of the council members supported the staff’s recommendations to limit the grows to 50 square feet and allow them only indoors.

Modesto, other cities and counties across the state are moving quickly to regulate medical marijuana. They have until March 1 to do so or cede control to the state. That is one of the provisions of the Medical Marijuana Regulation and Safety Act, three bills Gov. Jerry Brown signed into law in October.

Turlock, Ceres and Riverbank are in the process of banning marijuana cultivation, though Turlock plans on holding a workshop after the holidays to discuss potential modifications.

To meet the March 1 deadline, the Modesto council would have to pass regulations in early January. The regulations would then get a second reading at the council’s next meeting and would take effect 30 days after that.

The proposed regulations would ban growing marijuana in the city, with these exceptions and conditions:

▪  A qualified patient or primary caregiver can grow as much as 50 square feet indoors; the patient or caregiver must live full time at the residence where the plants are grown.

▪  The grow area must be in a secure space, such as a locked bedroom or garage, that children cannot access.

▪  Tenants need written permission from their landlords.

▪  Cultivation must take place in a home, apartment or other residence in a part of the city where residences are allowed.

The proposed regulations also strengthen Modesto’s existing ban on commercial marijuana cultivation and dispensaries.

Several audience members said the proposed regulations for patients and caregivers were onerous. For instance, growing indoors is much more expensive and the smell can pervade the home. But other audience members favored a complete ban. They said the grows can attract criminals and the odors from outdoor grows can offend neighbors.

City officials have said the goal is to get regulations in place before the March 1 deadline, and that the council can modify the restrictions later.

This story was originally published December 22, 2015 at 3:58 PM with the headline "Modesto moves closer to implementing medical pot regulations."