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Ripon Eyes Limits on Pot
Restrictions on growing for medical use pass first vote
Inga Miller | Modesto Bee | 07/11/06

RIPON — Growing medical marijuana will have to be more discreet under a set of guidelines given initial approval Monday by the City Council.

Council members voted unanimously in favor of an ordinance that would limit the number of plants and where they could be grown. They would be banned from outside gardens.

"Voting on something such as growing marijuana or using marijuana legally or illegally really goes against grain," Councilman Elden Nutt said. "I want to make that clear."

But he said growing marijuana is legal for medical purposes under Proposition 215, passed in 1996.

The proposed ordinance needs to pass a second vote on July 18, and then a 30-day waiting period to take effect.

The ordinance was drafted after the city received complaints by neighbors about theft and nuisances related to gardeners openly growing medicinal marijuana. In the city of 14,000, police are aware of a half-dozen such gardens.

Police Chief Richard Bull said the department has investigated 10 to 12 instances of suspected illegal growing and forwarded those cases to the San Joaquin district attorney's office, which declined to prosecute.

Deputy District Attorney Phil Urie said he couldn't speak specifically to those instances, but said the department looks at each case individually. He added that at times, there are misunderstandings by police about what can be prosecuted.

Many of Ripon's cases started after neighbors and other people nearby reported suspected theft and trespassing, Bull said.

Nobody from the public spoke either for or against the measures.

They ordinance limits each patient to six mature plants and 12 immature plants. Up to 24 plants would be allowed in a residential neighborhood, and collectives could grow up to 99 plants outside of residential neighborhoods for as many as 10 patients.

Medical marijuana advocates say limiting the number of patients a collective can serve could be a violation of the law.

In other business Monday night, the council passed its yearly budget. It includes a $15.85 million general fund.

Key projects include $5 million to complete the new City Hall and police headquarters expansion; $500,000 for the Mistlin Sports Park; and $500,000 to expand Upper Mavis Park.

Bee staff writer Inga Miller can be reached at 599-8760 or imiller@modbee.com.

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