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POT RULES Phoenix: Recreational marijuana grows must stay indoors Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jul. 21, 2015 at 11:50 AM Updated Jul 21, 2015 at 5:11 PM By Tony Boom for the Mail Tribune Posted Jul. 21, 2015 at 11:50 AM Updated Jul 21, 2015 at 5:11 PM » Social News PHOENIX — Recreational marijuana grows must be kept inside, and those cultivating marijuana in residential areas must obtain zoning clearance under an ordinance passed Monday by City Council. Councilors weren’t totally pleased with the ordinance, which regulates both recreational and medical marijuana, but a majority believed controls should be set sooner rather than later. “I think we need to get regulations in place. We have to get started somewhere,” said Councilor Karen Jones. “I think we have tightened it down as thoroughly as we can and still maintain the state law.” Jones, Terry Helfrich, Chris Luz and Bruce Sophie voted for the ordinance. Stan and Carolyn Bartell voted against, citing their opposition to allowing the growing of medical marijuana outdoors. “Whether I like enough in (the ordinance) or not, we have to address the issue,” said Sophie. Luz said he regarded the ordinance as a test. The document is 36 pages long and amends land development codes. Measure 91 took effect July 1, allowing up to four plants for recreational use in Oregon, but few state standards have been set. Medical marijuana has been legal since 1999. Cities have taken varying stances on the issue, ranging from wait-and-see to restricting grows to indoors. Among provisions in the Phoenix ordinance: • All grows are limited to 100 square feet. All recreational marijuana grows must be indoors. Outdoor cultivation of medical marijuana is allowed in a space up to 35 square feet. • Anyone wishing to cultivate cannabis in a residential district must obtain zoning clearance from the Planning Department. • Outdoor grows must be at least 30 feet from adjoining property dwellings and 10 feet away from fence lines. Plant height outdoors is limited to 10 feet. • Commercial grows are limited to the Highway Commercial zone. However, a City Council moratorium on commercial grows is currently in place. A public hearing before the council's deliberations drew 15 speakers who expressed views ranging from a total ban on grows in the city to some accommodation to ensure that marijuana could be grown for medical needs. A half-dozen individuals complained about a house in the 600 block of Benjamin Way where they said considerable amounts of marijuana were being grown. Under medical grow rules, up to six plants can be grown per medical marijuana cardholder at a site. Planning Director Matt Brinkley said so-called “card stacking” allows for large-scale grows. Odors from the grow are a major issue affecting neighbors. “I can’t sleep at night. I have to keep my windows closed. I can’t have a barbecue,” said Robert Ruth, who lives near Benjamin Street. “It should not be allowed to be grown outdoors.” Medical marijuana patient Sarah Westover urged the council to wait for more experience with grows before adopting an ordinance. She grows for herself and six cardholders over the age of 60. “These are people who live in constant pain from cancer and glaucoma,” said Westover. Medical marijuana at dispensaries is expensive and senior citizens may lack the skills to grow plants, she said. Stan Bartell suggested removing provisions in the ordinance that regulate commercial grows. But City Attorney Ryan Kirchoff said removing them would require rewriting the ordinance for deliberation at a later date. The regulations went through four sessions by the Planning Commission, followed by a first reading of the ordinance at the June 15 council meeting. Mayor Jeff Bellah noted that the council could alter the rules to eliminate commercial grow provisions at a later date. Bellah directed City Manager Steve Dahl to develop a plan to implement the ordinance. Tony Boom is a freelance writer living in Ashland. Reach him at [email protected]. By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jul. 21, 2015 at 11:50 AM Updated Jul 21, 2015 at 5:11 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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