Tehama County Marijuana Regulations Passed

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Repeated lawsuit threats and stories of medical hardship did not stop Tehama County Supervisors from adopting a policy Tuesday aimed at protecting youth from crimes stemming from medical marijuana growth.

The policy, which takes effect in 30 days will require six-foot, opaque fences for medical marijuana gardens, limits plant growth to 12 mature or 24 immature plants on a parcel under 20 acres and prohibits the growth of marijuana within 1,000 feet of schools, churches and bus stops.

All marijuana must also be grown 100 feet from a property line although that stipulation may be waived if the grower can prove an "undue hardship."

Only Supervisor Charlie Willard, who has consistently opposed the measure, voted against the ordinance.

Growers found in violation will be allowed to appeal to the Board of Supervisors, but if found out of compliance, could lose their growth and be charged for its destruction.

Officials said the ordinance will be complaint driven by county residents. On a case-by-case basis law enforcement will then review if the grower is in compliance.

Supervisor Gorge Russell referred to the policy as a compromise and said it was unlikely to affect the majority of medical marijuana growers, who have been the most vocal on the issue.

"It's obvious the majority of people who have spoken favor medical marijuana," he said.

At Tuesday's meeting, and during the first reading of the

ordinance on March 16, there was roughly an equal amount of public participation speaking in favor for and against the ordinance.

The ordinance was developed in consultation with law enforcement and has received the support of prominent members in county education.

Proponents of the tightened regulations argue medical marijuana trade can attract violent robberies.

In January 2009, a Los Molinos man was shot and killed, allegedly over several pounds of marijuana.

Quail Ridge resident Rick Ortega said he was not staunchly against marijuana use, but did support the ordinance.

"I'd rather have someone smoking dope than being on Oxycontin any day," he said.

However Ortega said neighborhood medical marijuana growth has attracted a dangerous crowd and left him fearing for the safety of himself and his neighbors.

Arguments against the ordinance varied from emotional to legal. At least three people threatened lawsuits over the ordinance, all claiming it interferes with state law.

Attempts by counties and cities to regulate medical marijuana have been met with similar legal challenges up and down the state, with mixed results.

Tom Scott an opponent of the ordinance said it discriminates based on income.

Scott said he is a medical marijuana patient living off of Social Security Income and cannot afford to pick up and move to another parcel on land.

His marijuana growth has already led him to clash with his neighbors, he said and he fears they will use the ordinance as soon as it becomes effective.

Scott said for now, he plans to keep growing.



News Hawk: Warbux 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Contra Costa Times
Author: Geoff Johnson
Contact: gjohnson@redbluffdailynews.com
Copyright: 2010 The Red Bluff Daily News
Website: https://www.contracostatimes.com/california/ci_14836256?nclick_check=1
 
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