Pubdate: Thu, 30 Apr 2015 Source: Appeal-Democrat (Marysville, CA) Copyright: 2015 Appeal-Democrat Contact: http://www.appeal-democrat.com/sections/services/forms/editorletter.php Website: http://www.appeal-democrat.com Details: http://www.mapinc.org/media/1343 THE DIGGING IN ON CULTIVATION LAW IS REGRETTABLE We're aware of the fact that most of what we can say about the medical marijuana cultivation situation in Yuba County is now based on hindsight. What good does that do? Who knows, but we find it regrettable that there's a fair contingency of folks lining up to scold supervisors who, in turn, are just digging in. We have a feeling the present brouhaha over medical marijuana cultivation didn't really have to happen at this level (while realizing that there was probably no way to tighten up the old ordinance - which needed to happen -- without some level of criticism.) Here's the way it looks, now that we look back: Supervisors originally were faced with the necessity of creating an ordinance that would allow for cultivation of medical marijuana. Think what you like about marijuana and its usefulness, there is a state law that says that patients who have a recommendation from a doctor should be able to use and supply themselves with the drug. Supervisors devised, after some compromise, a fairly lenient ordinance that used a graduated scale - setting how many individual pot plants could be grown according to the size of a property ... all the way up to 99 plants for parcels of 20 acres or more. Somewhere along the line in the last couple years, it became pretty apparent that the law was being followed by a few legitimate users; and flaunted by a lot of growers who must be raising marijuana commercially, whether sales are to medical marijuana card holders or not. And that's not what was supposed to happen; and it's not what residents want to have happening. Supervisors got mad and reacted with a new ordinance. While the original lenient ordinance was focused on accommodating legitimate growers, the new ordinance was written mainly to address those who were gaming or flat out breaking the law. Users are now crying foul because the new ordinance, to them, is draconian. No outdoors growing is allowed, nor is indoors growing in domiciles. It essentially makes it illegal for card-carrying users to grow their own in any sort of economical fashion. We're not sure there would have been so much to-do from either side if supervisors would have just allowed a few plants to be grown in a garden by card carriers for personal consumption and outlawed larger grows and reiterated the illegality of any sort of commercial grows. It would have been pretty easy for code enforcement and law enforcement to interpret, it would address the commercial grow problem, it would have accommodated the bunch of people who want to grow their own. There would still be a vociferous bunch protesting the law because it cramps their operations. Too bad. But this isn't 2016 - the year, it's predicted by many, that the state will legalize marijuana use. Till then, the law is the law and there shouldn't be large grow sites in the county - there's no real justification for them under the law. And marijuana, like it or not, is still largely a black market commodity with all the inherent maladies - it's just not a good thing to have happening. Also, we don't want to seem like we're down on the supervisors or law enforcement. They've been doing what they believe to be best for the county and to serve their constituencies, as they know them. They all won election. And most of their constituents, we're sure, don't want illegal grows and the several inherent problems that accompany them - it's a matter of public safety, as well as the rights of neighbors, environmental concerns, etc. But we hate to see the finger wagging and the tense back and forth. Of course, not all discussions in a government chamber have to be meek, mild and pleasant. Some arguing is expected ... but this could go on and on. And all it's going to do is reinforce each side's belief that they're right and the others are wrong. - --- MAP posted-by: Jay Bergstrom