LAKEPORT – The Lakeport City Council voted Tuesday night to make growing medical marijuana within the city limits illegal.
The council unanimously approved an ordinance written by Police Chief Kevin Burke that essentially bans cultivation within the city, citing concerns about public safety and odor the plants give off as they mature.
There are certain areas where growing marijuana is, and isn't appropriate, said Burke, and the ordinance reflected his belief that a municipality isn't a good place for growing medical marijuana.
A number of people who say they use medical marijuana, or who have loved ones who do, spoke against the ordinance.
David McCullick, who owns and operates D&M Compassion Center, a medical marijuana dispensary located in Clearlake, said hundreds, if not thousands, of medical cannabis patients are threatened by the ordinance.
McCullick said he believed the ordinance was just one more attack on medical marijuana, which state voters approved in 1996.
He said if the city approved the ordinance, it should set aside a piece of city-owned property where medical marijuana patients could grow their plants.
Upper Lake resident Eddy Lepp, who told the council the Drug Enforcement Administration had the largest marijuana bust in its history on his property, said medical marijuana patients continue to struggle against people in government conspiring to stop them from using the drug for health concerns.
Lepp said he began dispensing medical marijuana to low-income patients in need. He said 80 percent of medical marijuana users have an income of $1,000 a month or less.
He warned that the ordinance would not be legal because he said it goes against state law.
Lakeport resident Howard Holtz said there needed to be a differentiation between responsible and irresponsible medical marijuana growers. He said reasonable guides, not prohibitions, were needed.
Holtz added that he believed the appellate court would overturn the ordinance.
Linda Senti, Lepp's wife and a cancer patient, said she grows and uses medical marijuana, which she credits for keeping her alive.
She said by preventing medical marijuana patients from growing their own plants, the city is taking away life-saving medicine. "You're telling people to go ahead and die," she said.
"Please look at what you're doing to people," Senti said.
The city residents who spoke for the ordinance voiced concerns about safety and drug use.
Burke clarified that the ordinance would not prevent medical marijuana patients from possessing or using the drug, just growing it in or out of doors.
Following the public hearing, Councilman Jim Irwin moved to accept the ordinance, with Ron Bertsch seconding the motion. With Councilman Bob Rumfelt also voting yes, the ordinance passed 3-0.
Councilman Buzz Bruns and Roy Parmentier were absent from the meeting.
The ordinance will become law next month, said acting City Manager Richard Knoll.
Following the meeting, Burke was asked if he's concerned that medical marijuana groups will sue the city to overturn the ordinance. Burke said he's not sure what to expect, although he'd heard some local medical marijuana users might take action.
Burke said he polled other police chiefs around the state to find out if any other cities have ordinances similar to that adopted by Lakeport.
No one is doing quite what Lakeport is, he said. As a result, other cities around the state are watching to see how the Lakeport ordinance works, Burke said.
E-mail Elizabeth Larson at
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