Pubdate: Wed, 16 Sep 2015
Source: Chico Enterprise-Record (CA)
Copyright: 2015 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: Ryan Olson

MEASURE A MEDICAL MARIJUANA CASES INCREASE 33 PERCENT TO 1,262

Oroville - The number of cases under Butte County's Measure A medical 
marijuana cases increased 33 percent in the past month.

The county has received 1,262 cases through Monday, according to 
information from development services director Tim Snellings. At the 
Aug. 11 Board of Supervisors meeting, he reported there were 949 cases.

Snellings said the number of cases may be increasing as the cannabis 
harvest nears. That means grows become larger and smell issues increase.

Measure A is a voter-approved initiative that sets growing area 
dimensions in the unincorporated county based on lot size. Permitted 
outdoor grow sizes vary from 50 square feet for lots between a 
half-acre to 5 acres to 150 square feet for properties larger than 10 acres.

The most common code violation remains having grow areas exceed 
what's permitted, Snellings said.

Of the total number of cases, 299 are pending review. An additional 
111 are under active investigation, according to code enforcement 
supervisor Chris Jellison.

Snellings said that there is a backlog of cases. Officials are trying 
to concentrate resources on specific areas at a time. They are also 
prioritizing larger grows.

While 32 cases have been given notice to abate or are in the process 
of abating, 20 percent of the cases are currently undergoing citations.

There are 329 properties that were initially out of compliance, but 
are being monitored after fixing their issues. Officials have closed 
191 cases, but Jellison said that reflected properties that had 
multiple complaints consolidated into one active case.

Some residents have voiced concerns about inspection warrants being 
used to check some properties. Jellison said 11 inspection warrants 
have been served to date. He noted the warrants are used to check for 
compliance with Measure A. If alleged criminal activity is detected, 
law enforcement would take over and they would have to seek a 
criminal search warrant.

The county reports 503 citations have been issued to date. While 
$1.14 million in fines have been issued, only $85,090 has been collected.

Snellings said officials were planning on using the nuisance 
abatement hearing process to get fines paid and to ask to recover 
costs for expenses. After the process is upheld by a hearing officer, 
the county can put a lien on the affected property.

Only one hearing has been held thus far. Snellings said the cited 
person admitted to the citation and would pay the fine after the harvest.

An additional eight hearings have been scheduled. There are also 20 
pending hearings that don't have a hearing date.

As county officials are investigating cases and scheduling hearings, 
they face the end of the cultivation season in October. When the crop 
is harvested, most sites will again be in compliance with county codes.

"Essentially, every case is going to self-abate in about a month," 
Snellings said.

He said officials would look at changing the ordinance last year to 
shorten some of the timing. For example, cited residents have a 
20-day appeal period where any county abatement action is on hold.

Snellings told the Board of Supervisors on Tuesday that the program 
is within its budget, but he didn't have specific figures after the 
meeting. He said they would review the budget for the 2016 growing season.

During Tuesday's meeting, supervisors Bill Connelly and Larry Wahl 
noted they've received fewer complaints this year and even heard some 
compliments.

Supervisor Maureen Kirk said she thought Measure A enforcement would 
discourage people from coming to the county to cultivate marijuana.

Jellison said there was a cooperative from Los Angeles that said they 
wouldn't return next year.

County officials also discussed the potential impact of a pair of 
medical marijuana laws passed Friday by the Legislature. County 
Administrative Officer Paul Hahn said the laws create a state 
framework regulating cultivation and dispensing, but also allows 
local governments to control or ban the activity.

Hahn suggested it was possible for Butte County growers to have to 
follow Measure A requirements and obtain the appropriate permit from the state.

Snellings said they would hopefully see additional details about what 
the laws entail, although he liked that the county would retain local 
land-use authority. He said one key change is treating cultivation as 
agriculture.

With California voters likely to vote on proposition legalizing 
recreational use of marijuana next year, Snellings said it was 
possible there could be a system where recreational use is allowed, 
but it wouldn't be legal to grow everywhere.
- ---
MAP posted-by: Jay Bergstrom