California: Newark council bans commercial medical marijuana cultivation

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Although commercial cultivation of medical marijuana is prohibited in Newark under an ordinance unanimously approved Jan. 14 by the City Council, qualified patients and their primary caregivers will still be allowed to grow their own plants.

The city specifically banned medical marijuana dispensaries in 2011. However, the city's zoning ordinance did not specifically address whether commercial cultivation of medical marijuana is a permitted use or a conditionally permitted use in any zoning district. The new ordinance is meant to clearly prohibit commercial cultivation.

"This would serve to eliminate the potential negative side effects resulting from Medical Marijuana cultivation, including risk of criminal activity such as burglary, trespass and robbery, potential fire hazards, and environmental degradation," according to a staff report.

But patients can grow medical marijuana for their personal use within a 100-square-foot area and primary caregivers can grow it within a 500-square-foot area if they have a maximum of...

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