City Council Approves Ban on Marijuana Cultivation

The Menifee City Council on Wednesday voted 4-1 in favor of an ordinance banning the cultivation and processing of marijuana within city limits.

The council previously approved ordinances banning brick and mortar marijuana dispensaries and prohibiting the delivery of medical marijuana in the city by mobile dispensaries. With this additional ban, residents authorized to use medical marijuana must now travel outside the city to acquire it.

Several residents addressed the council regarding the ordinance, which Mayor Scott Mann said was "an opportunity to meet a deadline under the law. Otherwise, we would never have an opportunity to do so."

Interim community development director Bob Brady told council members that state legislation gives cities until March 1 to establish regulations regarding marijuana use. If the City of Menifee doesn't have a regulation in place by that date, he said, the state becomes the licensing authority regarding this issue.

In addition, city attorney Jeff Melching told council members that a vote to ban marijuana cultivation and processing would be "consistent with state law."

"There is new state legislation that is trying to remove the March 1 deadline, but we don't know how that will go," Melching said. "Cities deciding on outright prohibition can decide later if that action is too aggressive and make changes. In some measure, this is about keeping flexibility for the city."

Mann was among the majority who voted for the ban.

"If we ban it tonight, that doesn't mean we can't change the regulation later," he said.

Jesus Gonzales was one of six residents who spoke out against the ban before the vote was taken. He cited the need for access to medical marijuana for his ailing wife and her anxiety about the negative perception of marijuana use.

"My wife has lupus, rheumatoid arthritis and anxiety," he said. "She's terrified to use it because people are so afraid of this. No, I wouldn't grow marijuana at my house, but it we have the opportunity to have it, I am in support of that."

Another resident speaking out against the ban was Diane Donahue.

"I would've been for the ban, but I was diagnosed with Stage 3 breast cancer," she said. "You need to realize there are people who do use it medicinally. It's not just for the potheads."

One of three residents speaking in support of the ban was Anthony Rodriguez.

"I don't want my neighbors growing plants in the back yard and me having to smell it," he said.

Acknowledging the presence of medical marijuana dispensaries not far from Menifee, council members discussed the issue following the end of public testimony. Council member Greg August said he surveyed people in his District 1 -- the Sun City community -- and all but one was in support of the ban. District 3 representative Lesa Sobek said she had received similar comments from her constituents.

The recommendation from staff for a ban on cultivation and processing differed from the Planning Commission's previous recommendation, which would have allowed for residents to grow up to eight marijuana plants for medicinal purposes. District 2 council member Matt Liesemeyer, the only one voting against the ban, was in favor of the Planning Commission's recommendation rather than the staff proposal.

"In the past, we've had takedowns of very large marijuana grows in Quail Valley," he said, speaking about a community he represents. "The Planning Commission recommendation would allow up to eight plants. That's what I'm favor of."

A second reading and adoption of the ban against marijuana cultivation and processing is scheduled for the Jan. 20 council meeting. Council member John Denver indicated he felt the action was a moot point, saying it appeared evident to him that California residents would vote to legalize marijuana in the near future.

"We can do anything we want here tonight, and in a year or two, the law is going to change," he said. "I don't think it makes a whole lot of difference what we do."