Pubdate: Mon, 05 May 2014
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2014 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Clark Mason

HEALDSBURG APPROVES OUTDOOR CULTIVATION OF 3 MARIJUANA PLANTS

In a compromise intended to balance the concerns of the police 
department and the medical marijuana community, the Healdsburg City 
Council on Monday unanimously approved new cultivation guidelines 
that will allow patients to grow a few plants outdoors.

Patients, or their caregivers, will be allowed to grow three plants 
in their backyard or sideyard only, and also be able to cultivate up 
to six plants indoors.

"I think it's appropriate for our community," said Mayor Jim Wood. 
"We weren't going to allow any outdoor cultivation."

In response to perennial complaints about backyard marijuana gardens, 
Police Chief Kevin Burke last year proposed guidelines that would 
allow only indoor cultivation, with grow lights.

Police were concerned not only about pot plant thefts and the 
potential for robberies, but placating some residents who complained 
the strong, skunk-like smell of the maturing plants was so 
overpowering that it deprived them of the enjoyment of their backyards.

But the proposal met with opposition from medical cannabis users, who 
said being forced to grow indoors is a significant expense, 
especially for low-income patients who need it

"I was worried about folks who didn't have the money to set up an 
indoor growing system," Councilman Shaun McCaffrey said Monday.

A subcommittee consisting of council members, planning commissioners, 
medical marijuana users and the police chief came up with the 
recommendation to also allow the limited outdoor cultivation.

Healdsburg's ordinance, which will go into effect around mid-June, 
limits cultivation to no less than 300 feet from schools, churches, 
hospitals, parks and playgrounds.

"Compassion and common sense won the day," said Gary Buchanan, a 
registered nurse who said his patients use marijuana for symptoms 
ranging from chronic pain to alleviating the effects of chemotherapy.

In the next few years, Chief Burke said he anticipates legalization 
of recreational marijuana use is "inevitable," and the Healdsburg 
guidelines for cultivation would also apply in that event.

Not everyone was pleased Monday. Angie Monette, who said her 
Healdsburg mother uses marijuana to help deal with early dementia, 
said more plants should be allowed.

"Three plants is simply not enough," she told the council, especially 
in light of the fact that medical marijuana dispensaries are 
prohibited in Healdsburg.

But she acknowledged after the council approved the new guidelines 
"we're happy to get something."

Chief Burke said courts have ruled that cities have the right to 
disallow any cultivation of marijuana, but he did not recommend it 
for Healdsburg.

Although California voters approved the use of medical marijuana in 
1996, no standards were set on the numbers of plants or the amount of 
marijuana patients could possess and it has remained a murky issue.

The state, cities and counties have come up with different limits. In 
2003, state law spelled out that qualified patients or primary 
caregivers could possess up to eight ounces of dried marijuana and 
maintain no more than six mature or 12 immature plants per patient. 
But the state Supreme Court in 2010 in essence said the limits can be 
exceeded and patients can possess and cultivate as much as is 
"reasonably necessary" for their medical needs.

Cities and counties also are allowed to enact their own statutes to 
exceed state limits. Sebastopol is the only city in Sonoma County to do so.

In 2010, the Sebastopol City Council approved a law that allows 
patients and caregivers to grow up to 30 plants in gardens that can 
cover as much as 100 square feet. They also can possess as much as 
three pounds of processed marijuana at the garden site.

In unincorporated Sonoma County, the guidelines are similar to Sebastopol's.

Last year when Healdsburg was poised to prohibit outdoor cultivation, 
there was a clamor from medical marijuana advocates and west county 
residents who showed up in Healdsburg.

Some of those critical of Healdsburg's plans to prohibit outdoor 
gardens, or urging the City Council to study the issue further, 
included Sebastopol Vice Mayor Robert Jacob, executive director of 
the Peace in Medicine cannabis dispensary; former Sebastopol City 
Council members Craig Litwin and Linda Kelley; and former west county 
Supervisor Ernie Carpenter.

"I know this ordinance doesn't fit everybody's needs. But it fits the 
needs of the community and the majority of medical marijuana citizens 
in our community," Healdsburg City Councilman Gary Plass said Monday.
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MAP posted-by: Jay Bergstrom