Marijuana, including its cultivation in the town of Woodside if state Proposition 64 passes, will be a topic of discussion and possibly action when the Town Council meets at 7:30 p.m. Tuesday, Oct. 25, in Independence Hall at 2955 Woodside Road.
Town Hall staff have prepared an urgency ordinance for the council's consideration.
State Proposition 64, if it passes in Nov. 8 election, will make it legal to use marijuana for recreation and to grow it at home indoors and out. The proposition would create a legal structure for the state to license and control commercial operations for its cultivation, processing, testing, labeling, storing, distribution and sale. State laws would have precedence over any local regulations enacted after the Nov. 8 election.
By acting in advance of the proposition's likely passage on Nov. 8, the Woodside council can preserve the town's options for local regulation, Town Manager Kevin Bryant said in an interview. "It may be that we decide to do nothing, but this preserves the options," he said.
The ordinance the council will consider would temporarily ban outdoor cultivation for personal use and commercial cultivation and associated activities, such as processing, testing and labeling.
The ordinance would also allow the council to consider "health and safety regulations, such as required security measures, regarding legal indoor cultivation for personal use which cannot be banned if Proposition 64 passes," the staff report says.
An urgency ordinance requires a majority vote of four-fifths of the council to be approved. With a council of seven members, approval would require the "yes" votes of six members.
With an urgency ordinance in place, the council gives itself time to consider the issues in detail and craft an ordinance under the usual procedures: a public hearing, a first reading of the ordinance and a council vote, then a second reading and council vote, usually two weeks later. If the council votes to approve, the ordinance becomes law 30 days later.
This ordinance could be adopted and go into effect after the passage of Proposition 64, according to Town Attorney Jean Savaree.
While the mayor and mayor pro tem are normally involved in determining the makeup of a meeting's agenda, this item was added by Ms. Savaree "to preserve our options," Mr. Bryant said.