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Saturday, May 18, 2013 | 11:14 p.m.

Posted: 11:52 a.m. Tuesday, Dec. 11, 2012

Concord city council mulling ban on outdoor medical marijuana grows

Concord pot grow
Concord pot grow

CONCORD, Calif. —

Concord city leaders are set to consider Tuesday night whether they will continue to allow medical marijuana patients to cultivate the plant outdoors or ban outdoor marijuana grows completely.

The City Council will hear public comment at its meeting before voting on whether to draft an ordinance that would limit or outlaw marijuana cultivation in backyards and other outdoor spaces.

Local residents have debated the issue in recent months after one resident complained to the council that her neighbor's backyard medical marijuana grow was emitting an "offensive odor," according to city documents.

In addition to the smell, outdoor marijuana cultivation can be a target for thieves and a temptation for local youths, particularly when the plant is grown near schools, Concord City Attorney Mark Coon said.

Coon is recommending that the council adopt an ordinance similar to that of Moraga, which bans outdoor marijuana cultivation outright.

He said ordinances in other cities such as Elk Grove that limit but do not ban outdoor medical marijuana grows are more problematic, he said.

"The Moraga model is easier to enforce -- it addresses the safety and health issues raised by outdoor cultivation of medical marijuana, and is less likely to trigger a court challenge because it still provides ample opportunity for medical marijuana patients and their caregivers to cultivate medical marijuana indoors without undue expense," Coon said.

The council can either direct the city attorney to draft an ordinance, send the issue to a council subcommittee, or take no action.

The meeting is set for 7 p.m. at Concord City Hall at 1950 Parkside Drive.

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