Pubdate: Sat, 20 Aug 2011 Source: Hanford Sentinel, The (CA) Copyright: 2011 Lee Newspapers Contact: http://www.hanfordsentinel.com/ Details: http://www.mapinc.org/media/2338 Author: Seth Nidever MEDICAL POT GROWS, DISPENSARIES A HEADACHE FOR LOCAL OFFICIALS Marijuana became a hot Kings County issue this month - literally, in one instance. After Armona neighbors complained about a large growth of the tall, psychoactive plants behind a house on Walnut Street, Kings County Sheriff's deputies cut down the plants and burned them. The "farmer," Danny Lane, had a legal right to grow them, but was in violation because the plot was illegally placed on Southern Pacific Railroad property. That was on Aug. 10. Earlier this month, on Aug. 3, sheriff's deputies, apparently acting on a neighborhood tip, investigated a 100-plant grow in north Hanford that was being legally cultivated in somebody's backyard for medical use. And in a related action, on Aug. 2, Kings County supervisors approved a 45-day ban on new medical marijuana pot shops to give county staff time to craft a medical marijuana ordinance. Officers used to run into purely illegal grows. The solution was simple: Burn them down and arrest those responsible. It's not that easy anymore. What started in 1996 when California voters legalized medical marijuana has turned into a growing dilemma for cities and counties concerned about possible abuse, criminality and safety worries. Kings County residents have appeared at hearings expressing their opposition to medical pot shops, but they didn't cite any specific evidence of increased criminal activity. Statistics for just how much crime might be associated with medical marijuana grows and dispensaries are hard to come by. But as the number of legal grows has multiplied, the legal picture has gotten murkier. Much of the confusion stems from the legal tangle that has resulted from the state law. Federal law still considers any marijuana to be an illegal drug, no matter what the intended use. That leaves California's medical pot dispensaries operating in a gray area that hasn't been fully resolved. The issue cropped up in Fresno County last week when supervisors there voted to close all medical marijuana dispensaries, forbid grows in residential areas and limit cultivation to a few indoor industrial areas. Opponents say the restrictions will make it virtually impossible to legally grow or dispense any marijuana. Several are planning to sue Fresno County if the ordinance isn't modified, arguing that California's medical marijuana laws allow for legal growing to meet patients' legitimate medical needs. Though it has become a bigger issue in Fresno, with approximately 14 dispensaries located there compared to only one in Kings County, a similar showdown is brewing in the Hanford area after the Aug. 2 vote. Several dispensaries have expressed interest in coming to the area. County planners are working on new regulations that could restrict or even ban medical marijuana dispensaries and grows in Kings County outright, much like its neighbor to the north. Local officials are wrestling to come up with a rule that can pass legal muster. "It's a huge topic," said Kings County Planner Chuck Kinney. "I think it has all the local jurisdictions greatly concerned at this point." In the tumultuous debate earlier this month in Fresno, medical marijuana supporters vowed to fight the Fresno County ordinance, which they say is illegal. William Logan, a lawyer for Gray Sky Alternative Medicine Collective - an East Lacey Boulevard dispensary and the only one operating locally - - said any attempt to shut down the shop would be unconstitutional and a direct violation of California's legal medical marijuana laws. The law is clear that dispensaries are legal, he said. "It's a political issue," Logan said. "They don't want the 'devil weed' in town." "If they were illegal, the courts would have said so," said Logan, who represents Gray Sky and several other dispensaries in California. For law enforcement, the issue can cause problems. With plenty of illegal marijuana to deal with, it can be tough for on-the-beat officers to verify that somebody is legitimately using, growing or selling pot for medical uses. In the case of the recent pot grow discovered at the home in north Hanford, sheriff's deputies verified that the three people living at the residence had valid marijuana cards and were legally allowed to grow the plants. But officers say it can sometimes be tough to clarify whether it's legal or not. "You don't know," said sheriff's Cmdr. Robert Thayer. "It's complex and difficult to have the best discernment. On the other side of the fence, marijuana is still illegal to those who don't have a prescription. There's still a criminal element side." "You're kind of putting your ear to the ground to wait and see what direction the courts are going to go," Thayer added. - --- MAP posted-by: Richard R Smith Jr.