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25 Plants Per Parcel Stands


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The item was first placed on the board's consent calendar for final approval, but was removed for further discussion by 3rd District Supervisor John Pinches.

"I want to record my vote opposing it," he said. "I feel that two 25-plant limits per parcel would have been more appropriate."

When the board opened the floor for public comment on the matter, Pebbles Trippet, Mendocino Medical Marijuana Advisory Board adviser, said the measure would be exclusionary to a large population of patients.

"It would discriminate against the joint tenant owners of land," she said. "It would also discriminate against the majority of marijuana patients who rent. This is not a good situation to put patients in...I feel this is not speaking for the majority."

Tom Davenport said the board was opening up the county to legal action if it passed the ordinance.

"The cultivation ordinance will not pass legal muster," he said. "You don't need to take my word for it, but take a good long look at fiscal responsibility. It's going to cost the county a lot of money on a legal battle that they are going to lose."

Asked by 4th District Supervisor Kendall Smith about the legality of the measure, County Counsel Jeanine Nadel said she had not encountered any discrepancies.

A ballot initiative that, if passed by voters in the June 3 primary, would repeal Measure G and institute the state medical marijuana limits was also passed at Tuesday's meeting by a 4-1 vote.

On Nov. 8, 2000, Mendocino County voters approved Measure G, a resolution calling for the decriminalization of personal use and cultivation of up to 25 adult female marijuana plants or the equivalent in dried marijuana, by a vote of 58 percent.

The current state medical marijuana limits are defined under Senate Bill 420, under which qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature, or 12 immature, marijuana plants. The bill also allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician.

Nadel said that if the supervisors' measure was passed by voters it would not necessarily conflict with the 25-plant per parcel limit because it could refer to more than one grower equaling 25 plants total per parcel.

Fifth District Supervisor David Colfax, the board's only other dissenter besides Pinches, said the restriction would only serve to confuse the already fractured county law.

"I don't think we have a grasp of the implications of what this is about," he said. "This is just an action that only further complicates our involvement with some of these issues."

Before being passed, the motion was moved for approval by 1st District Supervisor Michael Delbar and was seconded by Smith.

Source: Ukiah Daily Journal,The (CA)
Copyright: 2008 The Ukiah Daily Journal
Contact: Ukiah Daily Journal - Write A Letter
Website: Ukiah Daily Journal - Mendocino County's local newspaper
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