Pubdate: Tue, 21 Feb 2012
Source: Willows Journal (CA)
Copyright: 2012 Freedom Communications
Contact: http://www.willows-journal.com/sections/letters-to-editor/
Website: http://www.willows-journal.com/
Details: http://www.mapinc.org/media/5304
Author: Rick Longley

RULES ON GROWING MEDICAL MARIJUANA PASSED

Medical marijuana gardens will have to be 300 feet to 1,000 feet away
from schools, churches, youth centers and treatment facilities under
guidelines adopted Tuesday by the Glenn County supervisors.

With toughened penalties, the Board of Supervisors voted 3-2 in
support of the new ordinance to take effect in 30 days.

This is the county's first zoning law dealing with medical marijuana
grows for a patient's personal use.

The distances vary depending on the size of the lot with lots of less
an 1 acre requiring 300 feet and larger parcels needing the 1,000 foot
distance.

It limits such gardens to property owned by the patient who must have
a California marijuana ID card or valid recommendation from a physician.

The ordinance also requires the garden be fenced and be limited to 100
square feet since it is for personal use only.

Collectives, dispensaries and collaboratives are banned in the
unincorporated areas of the county.

Planning Director John Linhart added more teeth to the law after
Supervisor John Viegas complained previously it did not have enough
strength.

Viegas said he has out-of-town people buying foreclosed homes in his
district and setting up marijuana operations inside - so something is
needed to stop that.

Viegas made his concerns known Feb. 7 when the board first looked at
the ordinance passed on to it by Glenn County Planning Commission.

However, planners' efforts to keep the ordinance simple did not
satisfy the supervisors, who said Sheriff Larry Jones needs an
ordinance he can enforce with some consequences.

The adopted ordinance allows for anyone who violates the marijuana
nuisance code to be found guilty of a misdemeanor, county officials
said.

Such plants cannot be visible from off the premises, no lighting can
be used to enhance plant growth and the garden must be at least 20
feet from neighboring property lines.

In addition, the cultivation and processing of marijuana will not be
an allowed home occupation under this county code, officials said.

Enforcement of the ordinance shall be done by the Glenn County
Sheriff's Department through complaints from neighbors, Linhart said.

"If the (garden) is bringing complaints from neighbors, they are
creating a nuisance," Linhart said. "If they are not bothering
anybody, we don't want to spend resources on it."

Linhart explained his department and the sheriff's office do not have
the staff to go looking at every medical marijuana garden, so
complaints would drive investigations.

County code enforcement officers also would not handle these cases
since Sheriff Larry Jones suggested dealing with marijuana is a law
enforcement matter.

Linhart also told Supervisor Leigh McDaniel the set backs and distance
requirements are based on codes adopted by other counties and are
designed to give some leeway so Glenn County will not violate
California law.

Viegas added neighbors might also bring a class-action suit against
violators as another option.

Orland Planning Commissioner Byron Denton said the county's ordinance
"dovetails" into the one Orland is proposing.

"We don't want to have something the county that will run them into
(Orland) or from Orland into the county," he said.

McDaniel voted against the ordinance because he has some questions yet
to be answered, he said after the board meeting.

Supervisor Dwight Foltz also voted against it because of procedural
concerns.

Supervisors continued the public hearing from Feb. 7 with direction to
staff to include a misdemeanor provision, and Foltz said he believed
it should have been read over again with the changes.
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MAP posted-by: Matt