How much pot can you grow at home? Fresno council goes back to the drawing board

The Fresno City Council voted down an attempt Thursday that would have cemented a restriction on the number of marijuana plants allowed per Fresno home – a reversal of its decision after a contentious June meeting. However, the council maintained course in its rejection of recreational dispensaries.

The council voted 4-3 to reject an amendment to its marijuana ordinance, which would have limited the number of plants per home to six – the largest number of plants currently legal under state law. The “not more than six living plants” rule was part of Proposition 64, which legalized recreational marijuana in California for adults over 21.

The amendment passed in June, also on a 4-3 vote. Councilman Paul Caprioglio was decider, switching to the no side on Thursday. The council members in favor of an amendment were its creator and champion, Garry Bredefeld, as well as Steve Brandau and Luis Chavez. Clint Olivier, Oliver Baines and Esmeralda Soria were also against it.

“I was moved by the concerns for medical marijuana,” Caprioglio told The Bee. “The Compassionate Use Act (Proposition 215) was just that, an act of compassion. There are numerous people I know personally, and we had people come speak to council ... and if I can help them curb their pain or discomfort, I want to do that.”

The vote does not make it legal in the city of Fresno to grow more than six plants. All cultivation remains illegal, according to the city’s existing ordinance. However, the state law allowing up to six plants supercedes that ordinance. But the defeat of the measure means that restrictions proposed by Bredefeld – including wattage restrictions on lighting for indoor cultivation and requiring that plants be in a locked home, as well as ensuring that plants are not visible or able to be smelled from outside – won’t be put in place.

Bottom line: The council will have to pass some sort of new ordinance or amendment for it to be legal to grow more than six plants.

To that end, Baines immediately introduced a proposal to lift the city’s ban on the cultivation of medicinal marijuana and allow patients to grow more than six plants. It passed by the same margin, but it will not be finalized until the city can get a California Environmental Quality Act assessment.

Caprioglio was again the swing vote on recreational dispensaries, this time voting no.

The council’s decision on recreational dispensaries follows suit with the rest of the central San Joaquin Valley. To date, only Coalinga has opted to have a dispensary that will sell to people who are not patients. Several other cities are weighing the issue, but most of the area leans toward only allowing businesses that provide patients with cannabis products.

This story was originally published September 21, 2017 at 5:14 PM with the headline "How much pot can you grow at home? Fresno council goes back to the drawing board."