News

Danville to weigh banning marijuana cultivation, delivery

Informational reports also on tap for council Tuesday night

The Danville Town Council is set to debate whether to prohibit cultivation, delivery and processing of medical marijuana in the town Tuesday night.

Town staff pushes for a total ban on the three marijuana-related activities, but the Danville Planning Commission instead advocates allowing limited delivery for severely ill residents whose doctors recommend they use medical marijuana, according to Rob Ewing, Danville's city attorney.

The proposed ban ordinance, spurred by recent state legislation, would create the town's first local medical marijuana regulations since the council outlawed marijuana dispensaries in 2011, Ewing wrote in his staff report to the council.

Gov. Jerry Brown signed into law last year the Medical Marijuana Regulation and Safety Act, which establishes new licensing requirements and standards for the medical marijuana industry while also preserving land-use authority for cities to regulate medical marijuana if they establish local rules before upcoming deadlines, Ewing said.

Local jurisdictions must adopt their marijuana cultivation regulations by March 1, and Danville town officials recommend the council endorse a full ban, primarily because of safety and public nuisance concerns, according to Ewing.

"The town has had some experience with the issue, including a major structure fire caused by an illegal indoor grow house and a handful of complaints regarding the smell of outdoor cultivation, which is permitted to a limited extent for qualified patients under the current law," he stated.

Ewing also provided the council with options for potential regulations instead of a total ban, including allowing some amount of cultivation for personal use by qualified patients or primary caregivers.

Town staff recommends prohibiting marijuana delivery "based on concerns about security, crime and enforcement," according to Ewing.

But the Planning Commission, when reviewing the proposed ordinance last month, instead unanimously supported allowing some delivery. "The basis for this recommendation is that due to the absence of any fixed location dispensaries in the immediate area, home delivery is the only feasible way for those with severe health issues to receive their medication," Ewing said.

He also said town officials agree that based on crime and security concerns, the council should prohibit all marijuana processing, including all aspects of manufacturing, from extracting and drying cannabis to packaging and distribution.

The council members are set to weigh the options and give initial support to new town regulations Tuesday night. If endorsed, the proposed ordinance would return to the council for a second reading and final adoption Jan. 26.

Under the proposed ordinance, violators would be deemed a public nuisance and could face civil penalties through the town's code enforcement rules.

The ordinance does not propose criminal charges, with Ewing citing a state appellate court ruling late last year that determined while local officials "could treat violations of the ordinance as a public nuisance, the state law preempts criminal prosecution for those qualified patients or primary caregivers that are cultivating amounts consistent with state law."

The medical marijuana discussion is among several open-session items set for Tuesday's regular council meeting, scheduled to begin at 7:30 p.m. in the Town Meeting Hall at 201 Front St.

In other business

The council will hear a report on recycled water use from Paul Causey, president pro tem of the Central Contra Costa Sanitary District.

Henry Perezalonso, town recreation services manager, will present a report on the Recreation, Arts and Community Services Department.

Council members will also consider updates about town investments and TRAFFIX, a joint venture among the town, city of San Ramon, Contra Costa County and the school district aimed at addressing congestion caused by school-related traffic in the area's busiest intersections.

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Comments

7 people like this
Posted by Anonymous
a resident of Alamo
on Jan 12, 2016 at 6:52 am

If it's used for medical purposes, then you should have to go to a pharmacy and pick it up. Say I Had a prescription for morphine, does that mean I can grow opium in my back yard. I understand marijuana has many medical uses just as many other drugs and am all for it. However it should be treated just like any other form of medicine. I am not a fan of big pharmaceutical companys either, but that is another issue.


10 people like this
Posted by Anon
a resident of Danville
on Jan 12, 2016 at 8:19 am

While they are about it they should also ban the sale and growing of grapes, potatoes and anything else that can be fermented to produce the demon drink. Which includes most fruit, including apples for cider. Plus tobacco.


3 people like this
Posted by J.J.
a resident of Danville
on Jan 12, 2016 at 8:26 am

Valid point Anon!


6 people like this
Posted by Patients Rights
a resident of San Ramon
on Jan 12, 2016 at 8:30 am

As a response to Anonymous's post- the issue unlike morphine is that Danville, San Ramon and the surrounding areas have put a ban on any local dispensaries to pick up a prescription for Medical Marajuana. As an example, if a doctor prescribes something as strong as morohine the prescription has to be written on a triplicate prescription pad, taken into a pharmacy, and then filled. These types of drugs cannot be mail ordered for home delivery and either the patient or caregiver has to deal with this. Having a legitimate delivery service for MM that is discreet, done in the privacy of ones own home should not be debatable. Heck, they used to have liquor stores that delivered booze (still might) and alcohol has not been medically proven to have any sort of benefit to people with true issues (cancer, MS, Chronic Pain, PTSD and the list goes on). I'm certain most 18 y.o's living at home don't use delivery services(they head to places that have actual dispensaries) and the delivery services don't carry a whole store worth of MM. You place an order for what works for you or the person you are caring for and that is what is brought. Nothing more, no upsell, no samples, etc. What someone does in the privacy of their own home is not something I want big brother deciding on. So no dispensary, ok- MM delivery does not bring live plants for people to grow, they bring medicine to people who need it. Also, what will happen in the area when CA may soon follow suit of Washington, Oregon, Coloroado and Alaska deeming recreational Marajuana legal (and reap the tax benefits)? The recreational grade and medical grade are and can be an entirely different beast. I am in full support of Medical and of delivery services for patients. I know I would feel differently about recreational.


3 people like this
Posted by Anonymous
a resident of Alamo
on Jan 12, 2016 at 9:14 am

Patients Rights,

Many Prescriptions are delivered through the mail all the time. I do believe they have a system already in place as to what classified drugs are and are not allowed. Big Pharmaceutical company's do not sell directly to the patients, they have to go through pharmacy's. I am all for uses of medical marijuana, but they need to be sold through John Muir, Sutter Health, Kaiser, etc. just like other medications.


4 people like this
Posted by 420formeds
a resident of Danville
on Jan 12, 2016 at 11:32 am

Recreational vs medical. That's all that needs to be debated. As long as the downtown bars can keep feeding booze to the town drunks that keep getting DUI''s leaving the bars at night why don't some of you "worried" residents start bumping your gums about those dangers? Oh because it brings $$$ into the city that's right. Have Aunt Bea make you a sand pie so you can stick your heads in it and ignore the real problem about substance abuse. Medical vs recreational that's the issue. It's the 21st century stop gobbling up your prescribed pills and washing them down with booze because "it's legal" if MM helps someone who has a legit need then keep it accessible for those patients right here in Mayberry uh I mean Danville.


3 people like this
Posted by Local
a resident of Danville
on Jan 12, 2016 at 11:58 am

The original Question at hand was, whether to prohibit cultivation, delivery and processing of medical (MEDICAL) marijuana in Danville.
Let's try to stay on topic?


5 people like this
Posted by JT
a resident of Danville
on Jan 12, 2016 at 12:32 pm

What are these hand wringers going to do when California legalizes marijuana for "recreational" use. The true "gateway" drug is alcohol, advertised in just about every sporting event on earth, and available in multiple spots in virtually every community, including houses! Recreational use of alcohol is devastating to careers, families and the hundreds of thousands of people that are injured/killed every year due to its affects. The true public nuisance is alcohol. Time to stop shaming medical marijuana users with these misguided efforts.


7 people like this
Posted by Herman Glates
a resident of Danville
on Jan 12, 2016 at 12:55 pm

Herman Glates is a registered user.

Shaming is good. It’s a great tool for changing undesirable behavior. Remember how we used to have smokers everywhere? We shamed them away.

I’m glad we don’t have pot dispensaries in Danville. It would just invite trouble.

I also don’t want pothead delivery boys driving in here from the ghetto. Keep those losers out of Danville.

If people grow pot in their yards, teens will hop the fence and get some.

I don’t want to force sick people to drive to dumpy places like Oakland to buy it. Mailing it seems like a good idea, but I think that’s illegal. Maybe ask Obama to change the law without consulting congress. He seems to like doing that.


10 people like this
Posted by Anonymous
a resident of Blackhawk
on Jan 12, 2016 at 1:38 pm

[Removed because it was off topic]


Like this comment
Posted by Herman Glates
a resident of Danville
on Jan 12, 2016 at 2:50 pm

Herman Glates is a registered user.

[Removed because it was off topic]


Like this comment
Posted by JT
a resident of Danville
on Jan 13, 2016 at 9:52 am

[Removed because it was off topic]


Like this comment
Posted by Herman Glates
a resident of Danville
on Jan 13, 2016 at 10:43 am

Herman Glates is a registered user.

[Removed because it was off topic]


Sorry, but further commenting on this topic has been closed.

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