Pubdate: Tue, 23 Mar 2010
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2010 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Glenda Anderson
Cited: California NORML http://www.canorml.org/
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

MENDOCINO SUPERVISORS ALLOW EXPANSION OF MARIJUANA FARMS

Mendocino County supervisors on Tuesday narrowly voted to quadruple 
the number of medical marijuana plants that can be grown legally on a 
parcel of land, but only with a permit that requires law enforcement scrutiny.

The ordinance amendment, which allows up to 99 plants per parcel if 
growers apply for a variance to the county's 25 plant limit, split 
both the Board of Supervisors and medical marijuana advocates.

"What you guys have come up with here is excellent," said Matthew 
Cohen, executive director of Northstone Organics Cooperative, a Ukiah 
medical marijuana cooperative.

Other marijuana advocates view the entire ordinance as an illegal and 
inappropriate infringement on patients' rights to grow marijuana.

"I can't think of any other agricultural commodity regulated by 
nuisance laws," said Dale Gieringer, of the National Organization for 
the Reform of Marijuana Laws. He noted the county's ordinance has 
been threatened with litigation.

The amendment was designed to consider the needs of cooperatives that 
serve people who can't grow their own pot. Individuals continue to be 
limited to 12 immature or six mature plants. The ordinance also 
addresses where and how pot can be grown in an effort to reduce odor, 
noise and other nuisances that can accompany cultivation.

Supervisor David Colfax, who voted no, called the ordinance an 
exercise in futility because state law remains in flux and federal 
law does not recognize marijuana as a legitimate medical use.

The ordinance "is trying to make sense of an insane situation," he said.

Having law enforcement oversee marijuana-growing permits is a waste 
of county money and resources at a time when the county is 
considering laying off 100 people to deal with a $7.6 million budget 
deficit, said Supervisor John Pinches, the other no vote.

"We're taking money from other services to basically prop up the 
price of marijuana," he said.

Cohen, however, contended increasing the number of plants will 
benefit the county's economy.

"It will generate tax-paying jobs," he said.

But upping the plant limit also is likely to attract more marijuana 
growers to the county and more home invasion-type robberies, said 
Sheriff Tom Allman.

A majority of the people who spoke Tuesday opposed the ordinance in 
general. But supervisors Kendall Smith and John McCowen -- who helped 
draft the amendment -- said most people on both sides of the medical 
marijuana issue who participated in meetings on the ordinance favored 
the amendment as a good compromise on a work in progress.

"It's the best we have to offer at this time," Smith said.

McCowen said he doubted many people would be applying for permits to 
exceed the limit, given the scrutiny they would be required to undergo.

And those who do apply are unlikely to be the people who are causing 
problems that the ordinance was designed to address.

Two supervisor candidates attending the hearing also were split.

Dan Hamburg, a former congressman and supervisor, said the ordinance 
requirements are too restrictive.

"I can't support them," he said.

Wendy Roberts, a Mendocino business consultant, said the ordinance is 
not perfect but appears to balance the needs of the growers with 
those of their neighbors.

Those opposed "would like no restrictions on their behavior," she said.

Both candidates believe the ultimate solution is legalizing all uses 
of marijuana, regulating it and taxing it. 
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MAP posted-by: Richard Lake