Supervisors Give Final Approval To Medical Cannabis Ordinance

Jacob Bell

New Member
LAKEPORT, Calif. — The Board of Supervisors on Tuesday unanimously approved the final reading of the county's new medical marijuana cultivation ordinance following a brief hearing.

The new ordinance, which goes into effect on Nov. 10, allows qualified patients a maximum of six mature or 12 immature plants each.

Outdoor cultivation is banned in residential districts and on any parcel less than half an acre. However, at its Oct. 4 meeting the board accepted a compromise that would allow greenhouses with proper ventilation to count as indoor grows.

On parcels of one acre or larger, qualified patients can grow up to 18 mature or 36 immature plants on properties one acre or larger.

On parcels of five acres or more, larger grows would be allowed under a minor use permit process that would mirror the county's grading ordinance, sending notices to nearby neighbors but not advertising names or locations in the local newspaper, according to county Community Development Director Rick Coel.

Dr. Rob Rosenthal of Middletown told the board Tuesday that the greenhouse compromise implied that people have money to purchase or build the structures.

"To discriminate against poor people is not a wise thing to do," said Rosenthal, who added that future elections may depend on how the board voted.

Supervisor Anthony Farrington, who along with Supervisor Denise Rushing had raised concerns last week about the impacts of banning outdoor grows on smaller parcels, said both he and Rushing were committed to revisiting the issues in the future.

"Right now I think it's best we get this framework in place," he said, adding that he supported the document as presented.

Rushing said she agreed with Farrington's comments.

County Counsel Anita Grant gave the board a quick update on some of the legal matters surrounding medical marijuana, briefing them on the Oct. 4 federal appeals court decision on Pack v. Long Beach.

In that case, the court threw out portions of the ordinance in which Long Beach was permitting dispensaries. Grant said the court saw the permitting process as a way of making the dispensaries lawful, and ruled such action is preempted under federal law, which sees all marijuana uses — even medical — as illegal.

"I'm not suggesting the board not go forward today," said Grant, adding that the appeals court decision was poorly written and didn't settle important land issues.

"It just further muddies waters that are already muddy," she said.

She added, "At this point, everything is kind of in flux," when it comes to the federal government, which last week announced crackdowns on marijuana dispensaries in California.

The final vote was 5-0.

Late Monday night, a group calling itself "Lake County Citizens for Responsible Regulation" sent out a press release announcing that it had formed and that a representative would be present to speak at the Tuesday board meeting.

No person identifying themselves as a member showed up to speak.

However, on Tuesday afternoon the group sent out another press release saying it would start gathering signatures to begin a referendum on the ordinance.

Similar action was taken previously following the board's passage of a medical marijuana dispensaries ordinance.

That referendum, which county Registrar of Voters Diane Fridley said had enough validated signatures to move forward, is set to go before the board for consideration next week, according to County Administrative Officer Kelly Cox.

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News Hawk- Jacob Ebel 420 MAGAZINE
Source: lakeconews.com
Author: Elizabeth Larson
Contact: Contact Us
Copyright: Lake County News
Website: Supervisors give final approval to medical marijuana ordinance
 
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