Amador County – The Sutter Creek City Council repealed its medical marijuana zoning ordinances Monday, and heard that it may be able to pass a ban on such facilities within city limits.

Planning Commissioner Robin Peters said the commission’s recommendation in the matter may not have changed, noting legal rulings of late, but it may not have been so strongly worded. Peters said one recommendation was to repeal city code on medical marijuana, and the other was to “make a clear statement regarding prohibition.” He said City Council should “avoid silence,” which could lead people toward seeking applications.  

“If the council doesn’t want medical marijuana dispensaries in the city, it should absolutely say so.”  

He said if they were silent, it will be a mess around these applications for some time.”

Peters also offered to have the planning commission take another look at the issue. The council instead decided to repeal the city ordinances on medical pot zoning, but most said that they preferred a ban.  

Mayor Pro Tem Tim Murphy said medical marijuana dispensaries do not belong in Sutter Creek, and he asked City Attorney Derek Cole if they could add a ban to the ordinance. Cole said it would be a new ordinance, and would have to be referred back to the planning commission.  

Councilwoman Sandy Anderson agreed with Murphy, and said she had not received any calls in support of medical marijuana dispensaries. Rather, it was the opposite, with people telling her they do not want it here. She said her daughter died of cancer and was offered medical marijuana from several sources, but declined the offers. She said anyone saying the availability is an issue is not stating facts.

Councilwoman Linda Rianda said she did not disagree that marijuana may have a medical value, but she did not want such facilities in Sutter Creek. She said “Sacramento has 39 dispensaries, with one as close as 30 miles away,” so “it is near by.” She said patients are also allowed to grow their own. She said the council was not being uncompassionate by repealing the zoning.  

Councilman Pat Crosby said he felt “a dispensary will be an undesirable element of our city.” He believes “it is legal, and we shouldn’t go against state law, but at least now we have some form of control.”

The council approved the repeals on a 4-1 vote, with Crosby against. Robert Allen of Gold Country Harvest spoke in favor of keeping the zoning.