CA: Board Begins Talks on Marijuana Issues

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Board Begins Talks on Marijuana Issues
Told it should set growing limits
Katie Mintz | Ukiah Daily Journal | 07/25/2006

Described at its outset as an "informative and educational discussion focusing on local county impacts of marijuana in our community" by Jennifer Wyatt of the county executive office, the Board of Supervisors' Marijuana Workshop on Monday left nearly as many questions as were answered.

The meeting, held in a cramped conference room filled by nearly 40 audience members at times, covered a wide array of marijuana-related topics including the differentiation of issues surrounding marijuana for medicinal purposes and its illegal counterpart.

At its conclusion, the Board of Supervisors asked the county executive office to work with County Counsel to prepare an outline of what was said at the five-hour meeting and make recommendations as to what possible actions the board could take in the future regarding a number of the concerns considered during discussion.

Some of the medicinal marijuana-related issues included whether or not the Board should create countywide policies defining the allowed locations for dispensaries and gardens, what "seriously ill" as stated in the State's Compassionate Use Act of 1996 means, and the amount those with doctors' recommendations can rightfully possess.

The Compassionate Use Act (Proposition 215), which gives "seriously ill" patients and their caregivers the right to cultivate and possess marijuana, allows for counties and cities to pass guidelines exceeding its limits of 8 ounces of dried marijuana and six mature or 12 immature plants in maximum possession per patient.

District Attorney Norm Vroman said that Mendocino County does not prosecute medical marijuana patients or their caregivers that possess no more than a growth canopy of 100 square feet and 2 pounds of dried marijuana, figures that were specified by Vroman and former Sheriff Tony Craver.

County Counsel Jeanine Nadel, however, suggested that per SB 420, a 2003 bill that addressed anomalies in the Act, county limits should be set by the supervisors.

"Since SB 420, it's really now up to the Board of Supervisors to adopt by resolution any guidelines that exceed what's currently in the code, and that hasn't happened yet," Nadel said. "I would strongly recommend that you have a discussion with the sheriff and district attorney about that."

In the realm of the illegal marijuana industry, which Supervisor Hal Wagenet estimated accounted for 90 to 99 percent of all marijuana grown in the county, environmental and public safety issues were discussed.

While both Sgt. Rusty Noe, commander of the County of Mendocino Marijuana Eradication Team, and Assistant Agricultural Commissioner Tony Linegar were hesitant to put a dollar amount on the marijuana industry in Mendocino County, some gave an estimate of $1.5 billion. The impact on the environment is also great, John Rogers, director of environmental health for the Mendocino County Department of Public Health, said.

According to Rogers, large marijuana farming operations often use diesel-powered generators to run growing lights. The diesel, usually stored in tanks meant for other purposes, can leak and cause soil contamination and water contamination. In one instance, it cost $650,000 to remove 200 truckloads of contaminated soil.

Many county departments present at the workshop also spoke to safety issues related to marijuana farms. Marsha Wharff, speaking on behalf of the Assessor's Office, and Chief Probation Officer Wes Forman cited concerns of going into the public -- especially rural areas -- with marked county cars for fear of negative response by marijuana farm operators. Director of Public Health Carol Mordhorst also mentioned the dangers that pit bulls used to guard farms present, saying that those that escape or are let loose after harvesting injure people and livestock.

Many members of the public spoke and asked questions of the county officials and city representatives such as Willits City Manager Ross Walker and Ukiah City Councilman John McCowen that spoke at the workshop. Both Willits and Ukiah have implemented zoning ordinances restricting the growth of medicinal marijuana to indoors in city limits.

Chairman of the Board Supervisor David Colfax suggested the county not take on issues out of its control and deal with problems in the county a piece at a time.

"We are getting into a very difficult area when we start taking on the medical problems of medical marijuana and the criminal problems of criminal marijuana and start mixing them up, so lets delineate sets of problems that we need to deal with and go at it full speed, but with all deliberate speed," Colfax said.

Colfax said he would set a date for further discussion after receiving options for action from the County Executive Office and County Counsel.

Katie Mintz can be reached at udjkm@pacific.net.