Tehama County Supervisors Deny Medical Marijuana Appeals

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Tehama County supervisors have denied two more appeals of medical marijuana-growing citations, both based on proximity to a school-bus stop.

This week's action brings to four the number of challenges – and denials – since the cultivation ordinance was adopted in April 2010.

On Tuesday, the board voted 3-0 to order abatement of two cannabis gardens in Gerber. Supervisors Gregg Avilla and George Russell were absent.

Appealing citations issued by sheriff's deputies were Linda and Wally Humphrey at one site and Natasha Rasmussen at another.

Under the ordinance, on parcels less than 20 acres, a 1,000-foot buffer is required between the property line and schools, school-bus stops, churches and similar facilities, County Counsel Arthur Wylene said Wednesday. It also places limits of 12 mature or 24 immature plants on parcels 20 acres or less.

The first appeal was denied in October, based on the Red Bluff property's proximity to a church and school. Another appeal was denied June 26, because of excess plants at a Bend-area home.

When the ordinance was being developed, supervisors wanted to ensure an appeals process was included, Wylene said. Sheriff Dave Hencratt said in late June a dozen citations had been issued since the ordinance was passed.

While enforcement of the law was intended to be complaint-driven, it's not unusual for one person receiving a citation to alert authorities to potential violations elsewhere, he added.

When appeals are denied and gardens declared a public nuisance, the county can charge for the cost of removing plants if the occupant or property owner fails to do so.

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Author: Janet O'Neill
Contact: Staff and Contacts for Redding Record Searchlight
Website: Tehama County supervisors deny medical marijuana appeals » Redding Record Searchlight
 
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