Katelyn Baker
Well-Known Member
Strong opinions and loud accusations have made the battle over cannabis cultivation the most contentious debate in Calaveras County since the start of the year.
The dispute has evolved in recent months. What was an argument regarding cultivation legality is now a fight to regulate an industry of more than 700 commercial growers.
The regulation comes in the form of Measure D, a citizens' initiative proposed by Barden Stevenot and Merita Callaway. A successful vote on Nov. 8 will establish provisions for cultivation, manufacturing, testing, distribution and transportation of cannabis.
The measure would replace current regulations, an urgency ordinance the Calaveras County Board of Supervisors adopted on May 10 that established guidelines for cannabis cultivation.
If the vote fails, the current provisions will remain in place for the foreseeable future.
A group is collecting signatures to call for a special election next year which, if approved, would ban cultivation. If that fails, a permanent ordinance proposed by the county could be adopted after California Environmental Quality Act clearance.
It is a topic that people are talking about, including Calaveras County Sheriff Rick DiBasilio, who has said he does not support the measure because it does not provide resources to law enforcement.
Measure D has received more than $125,000 in campaign donations.
Tensions seemed to have reached a tipping point in recent weeks. Allegations of campaign violations were filed to the Fair Political Practices Commission, and accusations of the theft and vandalism of campaign signs were reported to the Angels Camp Police Department.
The allegations
Randall Smith, treasurer for the Calaveras for Cannabis Control and Regulation committee, which favors Measure D, filed a formal complaint at the request of Stevenot.
The complaint alleged the Calaveras Residents Against Commercial Marijuana group, which opposes Measure D, may have violated the Political Reform Act on several occasions.
An email from Smith to the FPPC requested the organization investigate the fundraising efforts by the Calaveras Residents Against Commercial Marijuana. He claimed at least six government codes and FPPC regulations were violated.
Much of the outcry was because the pro-marijuana group could not find fundraising documents that should have been filed by the Calaveras Residents Against Commercial Marijuana group.
On Wednesday, Stevenot said a Form 410, which indicated the Calaveras Residents Against Commercial Marijuana committee intended to raise more than $2,000, was located. The form reported the committee had not reached the threshold by Oct. 7.
"We were looking to identify who was in this group," Stevenot said. "Since they have their Form 410, it is a closed issue. We know who they are and what they're doing."
Vicki Reinke, a principal officer of the Calaveras Residents against Commercial Marijuana group, said Wednesday the group had raised more than $2,000. She said the committee reached the threshold about the same time as a rally on Oct. 6 in San Andreas.
That means the committee would have had to file an amendment to the Form 410 within 10 days that stated they had raised at least $2,000 .
As of Oct. 19, the form had not been filed.
Also in question was whether the Calaveras Residents Against Commercial Marijuana committee had property, and whether they documented information about contributors in a timely manner.
Reinke expressed confusion Wednesday when asked whether the committee missed the window. She said she thought they only had to provide a Form 460, a report that discloses receipts and expenditures, by Oct. 27.
"All this stuff is new to people like us who do not do this all the time," Reinke said.
Sign issues
Last week, the Angels Camp Police Department said they were investigating reports that eight "No on D" campaign signs were stolen from two locations along South Main Street between Oct. 7 and 10.
The signs were estimated to cost about $90 a piece. The police department indicated the crime was an arrestable offense.
On Oct. 17, however, the police department reclassified the case as a civil issue. A press release reported the individual who had taken the signs dropped them off at the police department.
The police department said the signs were not stolen. The individual removed them at the request of the property owners, because whoever posted them never had permission in the first place.
The "Yes on D" campaign was not safe from the sign drama. On Oct. 13, the police department received a call from an anonymous individual who said there was a damaged sign near Highway 4. A police report was not filed.
Despite the back and forth between the two sides, Reinke said she does not think the issue is dividing the county. She said most people she has had discussions with seem to be against regulation. She added her conversations have been with people on both sides of the issue.
"I think people have strong feelings about it," Reinke said. "I don't see a controversy except for the people who want it here and live here."
What they say
Statements in favor and against Measure D were submitted to the Calaveras County Elections Department earlier in the summer.
Argument in favor was provided by Stevenot and River Klass, a restaurant owner, on July 21:
"Your yes vote means you support strong regulation of cannabis cultivation and commerce in Calaveras County, and the removal of non-compliant and unregistered growers. This measure provides fees to support county departments to regulate cannabis such as law enforcement, code compliance, environmental health and land use approval.
"The measure has regulations regarding:
- Noise and light pollution
- Water use and state water requirements
- Cultivation and property line setbacks (75 feet)
- Storage and use of pesticides and herbicides
- Security plan, including background check on growers
"Measure D establishes controls and land-use regulations to curb unregulated marijuana growing in Calaveras County. Passing D would provide a vehicle for taxation on grow sites."
An argument against was submitted by Bill McManus, chairman of the Committee to Ban Commercial Cultivation, on July 21:
"This measure is misleading, promising regulation. In fact, it results in full-scale legalization and reduces the sheriff's ability to enforce almost all of it. After the first year, fees charged to growers are cut in half! This further reduces or eliminates the ability of the sheriff to enforce the regulations. This measure is an even weaker version of the failed urgency ordinance and expands locations available for some marijuana dispensaries.
"It maintains marijuana growing in rural residential neighborhoods. It further allows facilities for manufacturing, testing, distribution and transportation of marijuana and its products. Do you want dangerous hash oil production occurring in our county? Do you want this huge crime magnet near you?
"It even drops the term 'medical,' meaning the marijuana production in this county would not be strictly for medical use. Even the proponents know how poorly written this measure is. Their spokesperson asked if they could withdraw it from the ballot and asked if the Board of Supervisors could actually make changes to their initiative. The answer to all three requests was a resounding NO! This measure, if passed, will change Calaveras County for decades to come."
A rebuttal to the argument against was filed by Stevenot, Callaway, Howard Little, a retired businessman, and Theodore Shannon, a retired California Highway Patrol Officer, on Aug. 2:
"Measure D does not legalize marijuana use; California law regulates use.
- Measure D regulates registered Calaveras growers
- Code Enforcement and the Sheriff have full authority to abate non compliant growers.
- Measure D has a provision written three times that allows the county to impose additional conditions to protect health, safety, welfare and to protect adjoining properties. This gives the county significant flexibility and power without having to return to the voters.
- Under Proposition 218 (1996), fees cannot exceed the cost of service. The county may conduct a fee study to determine if the fees need to be adjusted.
- There is a separate tax measure on cannabis that must be approved by the voters. If approved, it can be used unrestricted for county priorities.
- Measure D does not change the existing county ordinance regulating dispensaries.
- Rural Residential zone is a county zoning restriction. Measure D increases minimum parcel size.
- The state, Medical Cannabis Regulation and Safety Act (2016), encompasses testing, manufacturing and distribution. Measure D includes the state law.
- No proponent of Measure D asked that it be withdrawn from the ballot. Signatures gathered to place Measure D on the ballot are regarded as a trust to be honored.
- Calaveras County is already affected by marijuana Growing. Measure D is a comprehensive regulation to control the impacts."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Battle For Cannabis Regulation In Calaveras Wages On
Author: Jason Cowan
Contact: (209) 532-7151
Photo Credit: Jason Cowan
Website: The Union Democrat
The dispute has evolved in recent months. What was an argument regarding cultivation legality is now a fight to regulate an industry of more than 700 commercial growers.
The regulation comes in the form of Measure D, a citizens' initiative proposed by Barden Stevenot and Merita Callaway. A successful vote on Nov. 8 will establish provisions for cultivation, manufacturing, testing, distribution and transportation of cannabis.
The measure would replace current regulations, an urgency ordinance the Calaveras County Board of Supervisors adopted on May 10 that established guidelines for cannabis cultivation.
If the vote fails, the current provisions will remain in place for the foreseeable future.
A group is collecting signatures to call for a special election next year which, if approved, would ban cultivation. If that fails, a permanent ordinance proposed by the county could be adopted after California Environmental Quality Act clearance.
It is a topic that people are talking about, including Calaveras County Sheriff Rick DiBasilio, who has said he does not support the measure because it does not provide resources to law enforcement.
Measure D has received more than $125,000 in campaign donations.
Tensions seemed to have reached a tipping point in recent weeks. Allegations of campaign violations were filed to the Fair Political Practices Commission, and accusations of the theft and vandalism of campaign signs were reported to the Angels Camp Police Department.
The allegations
Randall Smith, treasurer for the Calaveras for Cannabis Control and Regulation committee, which favors Measure D, filed a formal complaint at the request of Stevenot.
The complaint alleged the Calaveras Residents Against Commercial Marijuana group, which opposes Measure D, may have violated the Political Reform Act on several occasions.
An email from Smith to the FPPC requested the organization investigate the fundraising efforts by the Calaveras Residents Against Commercial Marijuana. He claimed at least six government codes and FPPC regulations were violated.
Much of the outcry was because the pro-marijuana group could not find fundraising documents that should have been filed by the Calaveras Residents Against Commercial Marijuana group.
On Wednesday, Stevenot said a Form 410, which indicated the Calaveras Residents Against Commercial Marijuana committee intended to raise more than $2,000, was located. The form reported the committee had not reached the threshold by Oct. 7.
"We were looking to identify who was in this group," Stevenot said. "Since they have their Form 410, it is a closed issue. We know who they are and what they're doing."
Vicki Reinke, a principal officer of the Calaveras Residents against Commercial Marijuana group, said Wednesday the group had raised more than $2,000. She said the committee reached the threshold about the same time as a rally on Oct. 6 in San Andreas.
That means the committee would have had to file an amendment to the Form 410 within 10 days that stated they had raised at least $2,000 .
As of Oct. 19, the form had not been filed.
Also in question was whether the Calaveras Residents Against Commercial Marijuana committee had property, and whether they documented information about contributors in a timely manner.
Reinke expressed confusion Wednesday when asked whether the committee missed the window. She said she thought they only had to provide a Form 460, a report that discloses receipts and expenditures, by Oct. 27.
"All this stuff is new to people like us who do not do this all the time," Reinke said.
Sign issues
Last week, the Angels Camp Police Department said they were investigating reports that eight "No on D" campaign signs were stolen from two locations along South Main Street between Oct. 7 and 10.
The signs were estimated to cost about $90 a piece. The police department indicated the crime was an arrestable offense.
On Oct. 17, however, the police department reclassified the case as a civil issue. A press release reported the individual who had taken the signs dropped them off at the police department.
The police department said the signs were not stolen. The individual removed them at the request of the property owners, because whoever posted them never had permission in the first place.
The "Yes on D" campaign was not safe from the sign drama. On Oct. 13, the police department received a call from an anonymous individual who said there was a damaged sign near Highway 4. A police report was not filed.
Despite the back and forth between the two sides, Reinke said she does not think the issue is dividing the county. She said most people she has had discussions with seem to be against regulation. She added her conversations have been with people on both sides of the issue.
"I think people have strong feelings about it," Reinke said. "I don't see a controversy except for the people who want it here and live here."
What they say
Statements in favor and against Measure D were submitted to the Calaveras County Elections Department earlier in the summer.
Argument in favor was provided by Stevenot and River Klass, a restaurant owner, on July 21:
"Your yes vote means you support strong regulation of cannabis cultivation and commerce in Calaveras County, and the removal of non-compliant and unregistered growers. This measure provides fees to support county departments to regulate cannabis such as law enforcement, code compliance, environmental health and land use approval.
"The measure has regulations regarding:
- Noise and light pollution
- Water use and state water requirements
- Cultivation and property line setbacks (75 feet)
- Storage and use of pesticides and herbicides
- Security plan, including background check on growers
"Measure D establishes controls and land-use regulations to curb unregulated marijuana growing in Calaveras County. Passing D would provide a vehicle for taxation on grow sites."
An argument against was submitted by Bill McManus, chairman of the Committee to Ban Commercial Cultivation, on July 21:
"This measure is misleading, promising regulation. In fact, it results in full-scale legalization and reduces the sheriff's ability to enforce almost all of it. After the first year, fees charged to growers are cut in half! This further reduces or eliminates the ability of the sheriff to enforce the regulations. This measure is an even weaker version of the failed urgency ordinance and expands locations available for some marijuana dispensaries.
"It maintains marijuana growing in rural residential neighborhoods. It further allows facilities for manufacturing, testing, distribution and transportation of marijuana and its products. Do you want dangerous hash oil production occurring in our county? Do you want this huge crime magnet near you?
"It even drops the term 'medical,' meaning the marijuana production in this county would not be strictly for medical use. Even the proponents know how poorly written this measure is. Their spokesperson asked if they could withdraw it from the ballot and asked if the Board of Supervisors could actually make changes to their initiative. The answer to all three requests was a resounding NO! This measure, if passed, will change Calaveras County for decades to come."
A rebuttal to the argument against was filed by Stevenot, Callaway, Howard Little, a retired businessman, and Theodore Shannon, a retired California Highway Patrol Officer, on Aug. 2:
"Measure D does not legalize marijuana use; California law regulates use.
- Measure D regulates registered Calaveras growers
- Code Enforcement and the Sheriff have full authority to abate non compliant growers.
- Measure D has a provision written three times that allows the county to impose additional conditions to protect health, safety, welfare and to protect adjoining properties. This gives the county significant flexibility and power without having to return to the voters.
- Under Proposition 218 (1996), fees cannot exceed the cost of service. The county may conduct a fee study to determine if the fees need to be adjusted.
- There is a separate tax measure on cannabis that must be approved by the voters. If approved, it can be used unrestricted for county priorities.
- Measure D does not change the existing county ordinance regulating dispensaries.
- Rural Residential zone is a county zoning restriction. Measure D increases minimum parcel size.
- The state, Medical Cannabis Regulation and Safety Act (2016), encompasses testing, manufacturing and distribution. Measure D includes the state law.
- No proponent of Measure D asked that it be withdrawn from the ballot. Signatures gathered to place Measure D on the ballot are regarded as a trust to be honored.
- Calaveras County is already affected by marijuana Growing. Measure D is a comprehensive regulation to control the impacts."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Battle For Cannabis Regulation In Calaveras Wages On
Author: Jason Cowan
Contact: (209) 532-7151
Photo Credit: Jason Cowan
Website: The Union Democrat
