Pubdate: Wed, 09 May 2012
Source: Visalia Times-Delta, The (CA)
Copyright: 2012 The Visalia Times-Delta
Contact: http://www.visaliatimesdelta.com/customerservice/contactus.html
Website: http://www.visaliatimesdelta.com/
Details: http://www.mapinc.org/media/2759
Author: David Castellon

TULARE COUNTY SUPERVISORS APPROVE ARSENAL OF FINES, STEPPED-UP 
ENFORCEMENT AGAINST MEDICAL MARIJUANA

The Tulare County Board of Supervisors approved a get-tough policy on 
medical-marijuana growing and distribution Tuesday.

The move opens the door to fines and other penalties and makes it 
easier for the county to ask a court to shut down operators who are 
violating local medical-marijuana rules.

The unanimous vote also allows the Tulare County Resource Management 
Agency to "streamline" its code enforcement process, said Mike Spata, 
assistant director of planning for the county Resource Management Agency.

In his presentation during the board meeting, Spata said the county 
can authorize speeding up those proceedings when public safety is 
threatened by the violations.

He noted that there have been several robberies, assaults, weapons 
violations, attempted murders, murders and other crimes at sites 
claiming to be medical-marijuana gardens.

"When we deal with code violations, generally we are dealing with 
building code violations," Supervisor Steve Worthley said prior to 
voting on the amendment. "Nobody ever got shot putting a bedroom on 
their house, as far as I know."

But people have been killed and hurt in incidents related to medical 
marijuana, so "we really can make a difference between life and 
death" by quickly stopping people who violate the county's 
ordinance," Worthley said.

Currently, the process takes 120 to 180 days, but the authorized 
changes could reduce it to about 45 days, Spata told the supervisors.

Using RMA's code enforcement procedures also allows the county to 
increase the deterrent for violating the medical-marijuana ordinance, 
which include a $100-a-day fine for each violation.

And County Counsel Kathleen Bales-Lange noted during the meeting that 
the county would count each marijuana plant as a violation. "That 
would mean if you have 200 plants, that would be a $2,000 penalty per day."

Other penalties for ongoing violations could include criminal 
prosecution, suspending special-use permits for activities on 
properties not related to marijuana and denying permits in the future.

County officials noted during Tuesday's meeting that landlords also 
would be notified that they could face the same penalties if they are 
aware medical marijuana is being grown on their land in violation of 
the county ordinance.

"Under the federal forfeiture law, the 'innocent owner' defense is 
unavailable to those who know or have reason to know of the illegal 
use on their property," states a May 2 letter from the county 
Sheriff's Department Murray's landlord, which owns the Goshen 
building that houses the Compassionate Care Information Center, a 
cannabis club that dispenses medical marijuana to members with 
medical recommendations.

Tammy Murray, director and chief executive officer of the club, said 
last week that her landlord began eviction procedures after receiving 
the sheriff's letter.

It goes on to say, "It is not a defense to claim the property is 
providing so-called 'medical marijuana.' Congress has determined that 
marijuana is a dangerous drug."

This despite California's 2006 Compassionate Care Act, allowing for 
the use and cultivation of marijuana for medicinal purposes in the state.

But the U.S. Justice departments is committed to enforcing the 
federal "Substance Control Act in all states, so "we will vigorously 
enforce the prohibitions against cultivation and distribution of 
marijuana, even if such activities are permitted under state law," 
according to the sheriff's letter.

During his presentation, Spata provided the supervisors copies of two 
draft pamphlets - for individuals and cannabis clubs - summarizing 
the county's ordinance and the potential penalties to violators and 
landowners, which include federal fines of up to $500,000 on top of 
forfeiture of property and other assets.

Plans are to mail the pamphlets with notices sent out by County 
Counsel and RMA, as they prepare to increase their abatement efforts 
- - though Bales-Lange hasn't said how soon that will begin.

Supervisor Phil Cox suggested that RMA improve the design of the 
pamphlet, noting, "They are so generic. I wouldn't read it."

Though the supervisors allowed for public comment prior to their 
vote, nobody spoke against the county amending its medical-marijuana 
ordinance enforcement methods.

That ordinance allows medical-marijuana gardens in commercially-zoned 
areas under detailed conditions, but they aren't allowed in 
agricultural or residential zones. But RMA and Tulare County 
sheriff's officials said they're seeing many grows in neighborhoods, 
and Spata noted that some of the violence has occurred in "backyard" grows.

In addition, sheriff's officials say many illegal marijuana-growing 
operations are occurring under the guise of legal activities.

"As I travel through this county, people are really afraid. They are 
afraid of it being next to their homes. They are afraid of stray 
gunfire," Cox told the audience in the board chambers.

"We are sending a message today [that] we are not fooling around" by 
not delaying action against violators of the county code, he said.

Supervisor Mike Ennis said the most frequent calls he gets these days 
are from constituents concerned about marijuana grows. He added that 
by the time county officials could take action, the violators often 
have grown and harvested their plants and moved on.

For his part, Supervisor Pete Vander Poel said he was glad to give 
county officials "tools" to eradicate these sites.

He said he's gotten calls from officials at Allensworth Elementary 
School asking for advice on what to do when they try to encourage 
children to be drug free, but they walk by homes in their 
neighborhoods with marijuana gardens.

Supervisor Allen Ishida said the county's first marijuana 
garden-related homicide occurred a half mile from his home, and three 
others have occurred within a 5-mile radius.

He told the audience he believes there are people whose medical 
problems are helped by using marijuana, "But this distribution system 
is outrageous.

"This is not about medical marijuana," he said. "This is about safety."

In other matters, the supervisors approved a letter opposing 
California Assembly Bill 2312, that would change how growing and 
distributing medical marijuana is regulated in the state.

The "Medical Marijuana Program Act" would establish a registration 
system for commercial growers and distributors of medical marijuana 
and create a Board of Medical Marijuana Enforcement under the state 
Department of Consumer Affairs to regulate those businesses.

But Debbie Vaughn, an administrative analyst for Tulare County, told 
the supervisors that the bill would reduce county controls on 
regulating medical-marijuana cooperatives and restrict law 
enforcement's involvement to work with federal authorities on 
investigating such operations.
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