POT ISSUES IN YUBA COUNTY, YUBA CITY

As Yuba County supervisors consider a medical marijuana collective in
Olivehurst, the Yuba City City Council is about to embark on its own
review of pot cultivation.

Yuba County spokesman Russ Brown said county supervisors will hear an
appeal of the revoked occupancy permit for the Olivehurst pot
collective. No hearing date has been set.

Tuesday night, the City Council is expected to respond to a memo from
City Manager Steve Jepsen seeking direction about "cultivation of
marijuana in Yuba City."

In the memo, Jepsen discussed medical marijuana issues and noted that
"Yuba City zoning laws do not provide for the location of marijuana
dispensaries in the community."

A limited amount of medical pot also can be grown by individuals.

"Staff is not aware of any formal organized groups in favor of or in
opposition to marijuana cultivation in Yuba City," Jepsen wrote.

The city manager noted, however, that the city "has received a
petition from concerned residents representing 15 properties in close
proximity to a backyard marijuana cultivation grower in northern Yuba
City. The petitioners have requested anonymity based on security and
potential security/retribution concerns."

Jepsen's memo asked if the council "desires additional public input
or discussion regarding medical marijuana cultivation."

In Yuba County, officials revoked the pot collective's permit last
month for the shop on Olivehurst Avenue, citing differences between
what The Garden Shop owner Larry Koshman told them what the store
would be and what it actually was.

Jeffrey Kravitz, an attorney for Koshman, twice filed to appeal the
decision, but said he'd become frustrated by the county's reluctance
to even grant a hearing.

After filing the second time, Kravitz gave Koshman the go-ahead to
reopen earlier this week, saying the appeals automatically conferred
a stay on the store's closure. However, county code enforcement
officials and sheriff's deputies shut the store down again after a
few hours, saying Kravitz didn't cite the proper code.

Brown said the store's closure would remain in effect through the
hearing, which could come either during a regular Board of
Supervisors meeting or at a separate time.

Store employees have said The Garden Shop would sell only to members
of a medical marijuana collective and would not be open to the general public.

The store features a small dispensary for medical marijuana as well
as supplies for patients to grow their own plants.

Though some county residents have valid medical marijuana cards, no
dispensaries or collectives have successfully operated in Yuba
County. Other regions have also struggled with the issue, with Butte
County officials mulling a possible ballot initiative on such
operations and Sacramento County officials considering zoning restrictions.

[SIDEBAR]

WHO: Yuba City City Council

WHAT: Discussion about marijuana cultivation

WHEN: 7 p.m. Tuesday

WHERE: 1201 Civic Center Blvd.