Pubdate: Thu, 23 Jun 2011 Source: Chico Enterprise-Record (CA) Copyright: 2011 Chico Enterprise-Record Contact: http://www.chicoer.com/ Details: http://www.mapinc.org/media/861 Author: Roger H. Aylworth, Staff Writer POT CULTIVATION ORDINANCE SUSPENDED OROVILLE - Butte County's much-discussed and hotly-debated marijuana cultivation ordinance is on hold. The ordinance that was supposed to go into effect today was suspended when supporters of a referendum aimed at blocking the measure delivered petitions containing 12,308 signatures to the county Elections Office. The submission of the petitions put the ordinance on hold while the county Clerk-Recorder's Office reviews the petition to determine if they include the minimum 7,605 "valid" signatures necessary to move the referendum ahead. Andrew Merkel, president of the Citizens for Compassionate Use, the group that spearheaded the petition drive, said there is no doubt in his mind the petitions will more than surpass the required minimum. In a telephone interview, he said his group has already compared the signatures to the county voter roles, just to make sure. Assuming the minimum signatures are validated, the Board of Supervisors has two options: repeal the ordinance, or put it before the public in a countywide election. Merkel said medical marijuana patients are "buzzing" about the petition drive's success. "They are happy. They are excited," Merkel said. He said if his group has its way, the supervisors will repeal the newly-passed ordinance, and then sit down with the medical marijuana community and produce an ordinance that is fair to patients. "We need to move Butte County along," he said. The approved ordinance is not a criminal item, but a land use measure. It prohibits the cultivation of marijuana on any plot of land smaller than one-half acre. It also prohibits gardens within 1,000 feet of a school, church, residential drug/alcohol treatment facility, school bus stops, parks and some other locations. There are registration requirement and fees for larger gardens, as well as rules involving fencing and setbacks from property lines. The supervisors conducted three different hearings on the proposal, each of which attracted hundreds of mostly anti-ordinance speakers. After the third hearing that took place at May 24th in the Butte County Fairgrounds in Gridley, the supervisors voted 4-1 in favor of the ordinance. Chico Supervisor Larry Wahl was the lone member of the panel to vote no. He had proposed an ordinance that prohibited all marijuana gardens within the county's unincorporated area. He said the county would be in violation of federal law that forbids marijuana cultivation if the supervisors approved any ordinance that allowed gardens. Supervisor Steve Lambert, who chairs the board, said Wednesday he expects the referendum petitions will be validated, but at the same time he said he doesn't anticipate the panel would vote to repeal. Lambert, who represents the 4th District and lives on a ranch west of Oroville, said he would like to see the measure as approved, go before the public for an up or down vote. "If at all possible I want to let it go to a vote of the people. Let them decide if they want it to be their national flower," said Lambert. If it does go to a vote, those opposed to the measure would be allowed to run advertising to urge a no vote. Lambert said the county could not campaign in favor of the ordinance. It would fall to private individuals and groups to campaign for the matter, if anybody did. - --- MAP posted-by: Richard R Smith Jr.