Pubdate: Wed, 27 Feb 2013
Source: Chico Enterprise-Record (CA)
Copyright: 2013 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Roger H. Aylworth

BUTTE COUNTY MARIJUANA CULTIVATION ORDINANCE ADOPTED

OROVILLE -- In Butte County, few phrases can ignite passion more 
quickly than the words "medical marijuana."

Tuesday proved that point when people on both sides of the issue 
found things not to like in the ordinance that was the Board of 
Supervisors' second try at regulating marijuana cultivation in the 
unincorporated areas of the county.

On a 4-1 vote that saw none of the supervisors particularly happy 
with the measure - and Chico Supervisor Larry Wahl staunchly opposed 
- - an ordinance that goes into effect in 30 days was adopted.

The measure prohibits outdoor marijuana gardens on lots smaller than 
0.5 acre. It allows up to 12 plants (six mature and six immature) on 
parcels larger than 0.5 acre but smaller than 1.5 acre. On parcels 
smaller than 3 acres, 36 plants (18 mature and 18 immature) are 
allowed. The total allowable number of plants tops out at 99 on 
property larger than 40 acres.

The gardens have set-back requirements that increase as the lots 
grow, and the plants have to be screened from view with fencing.

Marijuana grows are prohibited within 1,000 feet of schools and other 
locations frequented by children. The growers have to be able to 
prove they have been county residents for a year, and there has to be 
written proof the landowner is aware of the garden and approves of 
its existence.

Butte County Chief Administrative Officer Paul Hahn underscored the 
fact that enforcement of the ordinance, which is a land-use measure, 
is complaint-driven

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and the complaining party must live or work within 1,500 feet of the 
nearest property line to the offending garden.

Wahl said nothing about the proposed ordinance was acceptable.

He said the measure unreasonably limits who can complain about a 
marijuana garden, and does nothing to protect the environment from 
fertilizer or pesticide runoff that could escape the gardens.

Hahn said there are other county ordinances that address those sorts 
of problems.

Wahl charged the measure will aid commercial growers, encourage 
criminal activity, and put neighbors and others in jeopardy.

The supervisor said it will "destroy property values" and make land 
sales almost impossible.

Only the "purveyors of marijuana for profit" will benefit from 
passage of the measure, according to Wahl.

The supervisor also pointed out cultivation of marijuana for any 
purpose is a violation of federal law.

Hahn said nothing about this ordinance makes the cultivation of 
marijuana for sale legal. He said such operations are violations of 
both state and federal law.

County Clerk/Recorder Candace Grubbs, speaking as a private citizen, 
said the 99-plant gardens on large parcels are unreasonable.

"I can grow 99 plants on my own property. Isn't that keen?" said 
Grubbs. She said there is no legitimate medicinal reason for somebody 
to grow that many plants.

At the other end of the marijuana debate were people who said the 
ordinance hurt the "little guys."

While the ordinance prohibits outside grows on lots smaller than 0.5 
acre, it permits indoor gardens in free-standing buildings of 120 
square feet on lots anywhere in county jurisdiction.

Hahn said there is no limit put on the number of plants that can be 
grown in the shed-size buildings, and no building permits are 
required for the structures.

Other individuals didn't discuss the ordinance but either charged 
marijuana is a dangerous drug or a miracle herb that cures cancer and 
protects brain cells.

CHP Capt. Scott Gillingwater, commander of both the Chico and 
Oroville highway patrol offices, said, "Marijuana has serious harmful 
effects on the skills required to drive safely." He then listed three 
fatal crashes - two in 2010 and one in 2011 - where marijuana was one 
of the factors leading to the tragedy.

Supervisor Steve Lambert, who lives on a ranch west of Oroville, 
said, "I am not a big pro-pot guy. I'm not a pot guy."

He said the state government has left it up to the counties to make 
the cultivation of medical marijuana work. He said this really is a 
good-neighbor issue and if people just treated each other with 
respect, this would not even be a topic of discussion.

The ordinance requires that the board bring the measure back for 
review in one year and mandates a mechanism be established to solicit 
and chronicle citizen input.

"This is really a tough decision. It is not something we really want 
to do," said Supervisor Maureen Kirk of Chico.

Ultimately, Paradise Supervisor Doug Teeter moved for approval of the 
ordinance and Lambert seconded the motion. Wahl was the lone no vote.
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MAP posted-by: Jay Bergstrom