Pubdate: Tue, 18 May 2010 Source: Lassen County Times (CA) Copyright: 2010 Feather Publishing Co., Inc. Contact: http://www.lassennews.com/email_us.edi Website: http://www.lassennews.com/ Details: http://www.mapinc.org/media/3871 Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) SUPES BEGIN TO DEAL WITH LOCAL POT GROWERS May 18, 2010 -- After determining a new marijuana garden near Johnstonville School and reported new marijuana dispensaries on Johnstonville Road and on Main Street in Janesville pose "a current and immediate threat to public health, safety and welfare," the Lassen County Board of Supervisors unanimously approved two emergency ordinances that impose a 45-day moratorium on the establishment of medical marijuana dispensaries and/or cultivation of medical marijuana in the unincorporated areas of the county. Each of the ordinances was "declared an urgency measure for the immediate protection and preservation of the public peace, health, safety and welfare." The board approved the emergency ordinances at a special evening study session held at 5 p.m. on Tuesday, May 11 at Jensen Hall on the Lassen County Fairgrounds in Susanville. An estimated 200 county residents attended the meeting and for nearly two hours expressed a variety of opinions -- both pro and con -- on the controversy. The board also directed staff to review potential regulatory procedures and policies regarding the appropriate zoning of marijuana dispensaries and marijuana gardens in Lassen County. The board must hold a public hearing to extend the moratoria beyond 45 days for a period of up to 10 months. The board also could approve a second 10-month extension, but the emergency ordinances may not be in effect longer than two years. The purpose of the new ordinances is to give county staff time to review how other counties in the state are dealing with the issue and come up with recommendations for zoning ordinances that will work in Lassen County and regulate the locations where medical marijuana may be cultivated and distributed. According to the report from county staff, "medical marijuana dispensaries and cultivation are not defined in Lassen County Code Title 18 (Ordinance 467) and are therefore not allowed by right or by use permit in Lassen County." County staff said the matter was a zoning and land use issue and not a prohibition of medical marijuana use, which is permitted under California state law with a recommendation from a physician. The staff said the new ordinances were necessary to remove any ambiguity in the county code and ensure no marijuana gardens or dispensaries can be grandfathered in as non-conforming uses once the zoning questions are finally resolved. According to the ordinance regulating marijuana dispensaries, certain licensed health care facilities in Lassen County would not be considered dispensaries, but those facilities do not provide medical marijuana to their patients. Medical marijuana dispensaries are "considered a prohibited use in any zoning district of the unincorporated areas of the county of Lassen. No permits or authorizations shall be approved or issued for the establishment or operation of a medical marijuana dispensary while this ordinance is in effect," the ordinance reads. The ordinance prohibiting the cultivation of medical marijuana notes the "unique geographic and climate conditions" in Lassen County provide favorable locations for marijuana gardens. According to the ordinance, adverse impacts reported by other public entities include "disagreeable odors, increased risk of burglary and other property crimes, acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes." The ordinance also reported, "Whereas, the county of Lassen has not adopted rules and regulations specifically applicable to medical marijuana cultivation and the lack of such controls may lead to increased medical marijuana cultivation and the inability to regulate medical marijuana cultivation in manner that will protect the general public, homes and businesses adjacent and near such cultivations aE& it is necessary to suspend the establishment of medical marijuana cultivation that may be in conflict with the development standards and regulations of the county of Lassen ... " A brief history In 1996, California voters approved Proposition 215, entitled the Compassionate Use Act of 1996. The intent of the act was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific circumstances without being subject to criminal prosecution. On Jan. 1, 2004, Senate Bill 420, entitled the Medical Marijuana Program, was codified to clarify the scope of the Compassionate Use Act. A recent decision by the federal government relaxed enforcement of the federal Controlled Substance Act for states that allow medical marijuana. While medical marijuana is legal under California law, it remains illegal under federal law. County staff reported it has recently received several inquires regarding the cultivation and distribution of medical marijuana in Lassen County. The county staff's response to these inquires has been that medical marijuana cultivation and distribution are not allowed and "a zoning amendment is required to permit medical marijuana dispensary and/or cultivation" in Lassen County. - --- MAP posted-by: Jay Bergstrom