Pubdate: Wed, 2 Dec 2009
Source: Ukiah Daily Journal, The (CA)
Copyright: 2009 The Ukiah Daily Journal
Contact: http://www.ukiahdailyjournal.com/feedback
Website: http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581
Author: Zack Cinek

PUBLIC WEIGHS IN ON MEDICAL MARIJUANA ORDINANCE REVISIONS

A revised medical marijuana ordinance written into county nuisance
code and altered over the past months will be up for review by the
Mendocino County Board of Supervisors sometime in January.

The chapter of county nuisance code pertaining to marijuana
cultivation in unincorporated Mendocino County and under controversial
review for months by County Supervisors John McCowen and Kendall Smith
on the Health and Human Services Committee is ready for debate in the
supervisors' chambers.

"I think what is in front of us is the best option to come up with
something in the short run that can be put up in a short amount of
time that people on either side can live with," McCowen said when
Monday's meeting began.

Much of the public's opposition toward the ordinance has come from
medical marijuana advocates who see details of the ordinance as a
threat to their rights, among other concerns aired at the meeting.

Mike Johnson, who operates a medical marijuana dispensary in Ukiah,
said county government faced with furloughs and layoffs has better
ways to spend tax dollars. "We need our tax money for something else,"
Johnson said.

Beth Bosk said during her time at the speaker's podium that marijuana
growers were not consulted by the committee. "Those outlaw growers are
the backbone of the county economy," Bosk said. Cathy Finigan of Ukiah
said that noise from generators used to power indoor grows is a
concern for her. "My neighborhood is pretty quite and I'd like it

to stay that way," Finigan said. "I would love to live in the country
and now I would not for that very reason."

Other medical marijuana advocates voiced support for the ordinance
Monday and some noted that although it is not perfect, the proposed
revisions to code are commendable.

Richard Johnson said he supports the ordinance. "It sets standards for
accountability in medical marijuana culture," Johnson said, "This is
in the interest of medical marijuana patients."

Larry Jenson said he wanted to know how "non-profit" compliance was
going to be enforced. "How are we going to check that, how are we
going to verify that," Jenson said.

Former marijuana smuggler and now CEO of Medical Marijuana
Incorporated, Bruce Perlowin said he was in support, but noted there
were some aspects that he did not like.

"You should move forward," Perlowin said, "It is brilliantly done."
Perlowin said the ordinance is a way to help legitimize the medical
marijuana business. Perlowin's company, he said, has reviewed similar
ordinances nationwide.

A topic of discussion for the committee was how code compliance
inspection by a third party would be handled. "None of this has been
done before as far as third party inspection," Smith said.

According to the ordinance, the Sheriff's Office would be in charge of
determining what criteria a third party inspector would have to meet.

The ordinance does not regulate the product of medical marijuana,
county attorney Jeanine Nadel said. Monday and at previous meetings,
some citizens did state a preference for organic medical marijuana and
medical marijuana that is simply free of contamination.

Representatives from Bay Area-based Steep Hill Medical Collective were
seated in the full conference room Monday.

"I do not see anything about what is medical grade," said Steep Hill
co-founder Addison DeMoura. "I think there should be something that
addresses the safety of cannabis being produced."

Steep Hill has processed about 8,000 pounds of marijuana, DeMoura
said. DeMoura was a defendant in the Oakdale Natural Choice Collective
case that was dropped earlier this year, according to the Modesto Bee.

The committee decided to put on hold a separate code chapter to manage
medical marijuana collectives, choosing to focus its time on the
original county code Chapter 9.31, title 9.

[sidebar]

CULTIVATION REGULATION

Partial highlights of the Nov. 17 draft of Medical Marijuana
Cultivation and Regulation.

Indoor grows limited to no more than one 100 square feet per parcel
and shall not subject neighbors to odor.

Outdoor grow lights not to exceed 600 watts per 100 square feet of
growing area and not to shine beyond the parcel.

Growing more than 25 plants per parcel is prohibited.

Not within 1,000 feet of a youth facility, school or church, within
100 feet of a neighboring parcel's structure or mobile home, in a
mobile home park or where the public has the right of way or travels
public roads.

Have proper fencing.

A 25 plant per parcel exemption is possible with a valid doctor's
recommendation for more plants and also on a minimum of five acres
with plants not to exceed 99. The ordinance looks to establish lengthy
permit criteria. 
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MAP posted-by: Richard Lake