CA: Medical Pot Growers Push County On Permit Limits

Robert Celt

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Medical pot continues to be a hot button issue in Monterey County.

On Wednesday cannabis growers from around the county packed the county's planning board meeting, and shared their views on the much anticipated medical marijuana pot ordinance that the county is drafting.

The majority of the industry supports the county's plans to create an ordinance that will allow the sale and cultivation of medical marijuana. But they also said the county is placing too many limits on growers based off the draft regulations.

At the meeting Craig Spencer, the county's associate planner who is leading the initiative, presented a summary of the draft ordinances to the planning commission.

Medical marijuana is a timely issue in municipalities across California. Last July the state passed the Medical Marijuana Regulation and Safety Act, which said that the state would create its own laws on medical marijuana. The Act gave the county control of regulating medical marijuana. Since then, municipalities across California, including Monterey County, have been working to get in line with the new state medical cannabis regulations. The state initially gave local governments until March to create their own ordinance, which drove many municipalities to put their laws into place. Since then the state has lifted the deadline, but the result is many municipalities have created their own regulations.

The majority of counties and cities have banned the sales and cultivation of medical marijuana. Monterey County NORML, a nonprofit that supports reform of marijuana laws, estimates that 40 to 45 percent of counties and cities in Californian have banned cultivating medical pot. Joey Espinoza, the president of Coastal Growers Association and Monterey County NORML deputy director, said Monterey County is unique in that county officials including the Board of Supervisors have overall supported the cultivation of medical pot. Proponents say that it has the strong potential to be a cash crop and rake in additional tax revenue and generate jobs.

Based on feedback from Wednesday's meeting and community meetings, the industry's wishlist includes an ordinance that increases or removes permit limits, expands where medical marijuana can be grown, outdoor cultivation, and a "competitive review system" that is merit-based with local preference.

Under the latest draft ordinance medical pot would be allowed but limited. For example, under the suggested conditional use permit, a maximum of 100 permits will be issued to growers; a maximum of five permits will be issued for distribution and transportation, and a limit of 15 permits for dispensaries would be issued in the unincorporated areas. The draft ordinance also limits the growing space to 100 feet, and the plant can only be grown indoors which limits cultivation to greenhouses. The draft ordinance says that patients and caregivers are exempt from the permits.

The county is currently operating under an interim ordinance, which bans any sales and growing of medical marijuana after July 1, 2015. Growers and medical marijuana dispensaries who were in business before that date can continue to operate under exemptions. It does let growers who significantly invested in the business before July 1, 2015 to operate.

Agriculture industry

Members of the public who spoke at the meeting argued that medical marijuana is a cash crop that should be considered part of the $9 billion agriculture industry in the Salinas Valley.

"The tax revenue is going to be huge," said Espinoza. "It has all of the elements that any politician would want...They want to raise the tax revenue. It's everything you need to get reelected."

By placing limitations on the cultivation the crop will not be accepted as a commodity and a black market will be created.

"The goal is to replace the black market and the criminal activity, otherwise there will still be sufficient demand in the black market," said Mike Linder, an attorney based in Big Sur, who spoke at the meeting.

Most of the industry is also pushing for outdoor cultivation.

"Limiting marijuana only to being grown indoors means that large businesses and wealthy stakeholders are at a huge advantage," said Marilyn Rose, a resident of Carmel Valley who has been growing medical marijuana for personal use. Rose was concerned that the big businesses would create a monopoly in the industry, "leaving out everyone such as small cottage industries, small farmers, and those who are not big investors."

The majority of planning board commissioners support the ordinance, and questioned parts of the draft ordinance including limiting the growth areas.

One commissioner said, "If you go outdoors and limit cultivation to farmland it might be the wrong way to treat this (cannabis plant). By limiting it to farmland you are covering it with something that might grow better in the canyons."

Spencer said that concerns over allowing outdoor cultivation include public safety. Limiting growth to the greenhouse "maintains security with cameras and guards," he said. Spencer also pointed to the "aesthetic issue within the farmland district." If outdoor cultivation is permitted the landscape of row crops such as lettuce and strawberries would be extended to cannabis.

Espinoza said the county is a prime place to grow cannabis and pointed to the agriculturally-friendly climate.

"I think this county is unique to cannabis its an epicenter for agriculture," Espinoza said. "We already provide tons of produce to tons of people in the country. It really makes sense to plug in this plant."

What's next

Spencer plans to take the feedback from the Wednesday meeting to the Board of Supervisors ad hoc committee in mid to late April.

County officials have a deadline of Feb. 27, 2017 to create a permanent ordinance, but the county is aiming to have a permanent ordinance completed by June and ready to present to the Board of Supervisors.

"We're moving as fast as we can on it," said Spencer. But the timeline also hinges on "how much we have to change the ordinance," he said.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA: Medical Pot Growers Push County On Permit Limits
Author: Amy Wu
Contact: The Californian
Photo Credit: Trevor Hughes
Website: The Californian
 
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