Pubdate: Mon, 03 Jun 2013
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2013 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Clark Mason

HEALDSBURG TO FORM TASK FORCE ON MEDICAL MARIJUANA CULTIVATION

Healdsburg City Council members Monday opted to form a task force to
study the controversial question of medical marijuana cultivation,
including whether the fragrant plants should be allowed outdoors, or
confined inside.

In an attempt to balance the need of medical marijuana patients versus
the periodic complaints over the skunk-like aroma the plants can
produce -- as well as the potential for attracting crime and violence
- -- the council agreed to study the issue further.

"I have friends who use medical marijuana for different ailments. I
know they need it," said Mayor Susan Jones. "I would feel better
knowing we spent time talking to users and supporters and knowing they
had input into the process."

"We need to hear from our community," said Councilman Gary Plass in
agreeing to establish a committee to look at cultivation guidelines.
The seven-member group, composed of two council members, two planning
commissioners and three community members would likely come back with
recommendations in the fall.

In response to ongoing complaints from residents about marijuana
plants in their neighborhoods, Police Chief Kevin Burke had proposed
guidelines to better regulate cultivation.

He said Healdsburg residents tend to be tolerant, but many have strong
opinions about backyard grows.

"They don't want to see it. They don't want to smell it. They don't
want it next door to their home," Burke said.

With no public comment, the Planning Commission last month unanimously
recommended that the City Council approve the new guidelines, which
would have allowed patients to grow up to 12 mature plants and 24
immature ones -- twice what state law stipulates.

But Burke noted the state Supreme Court also allowed medical marijuana
patients to grow more plants if a doctor recommends it.

The Healdsburg ordinance also would have limited cultivation to
indoors and not within 300 feet of schools, churches, hospitals, child
care and youth centers.

On Monday, after the issue was publicized, more than a dozen people
spoke to the council, most of them critical of the proposed ordinance.

Members of medical marijuana groups urged the council to allow outdoor
gardens, similar to Sebastopol, which allows them with high, opaque
fences.

They said low income disabled patients especially can benefit from
outdoor growing, especially since Healdsburg bans marijuana
dispensaries along with most cities in Sonoma County, other than Santa
Rosa, Sebastopol and Cotati.

But other speakers questioned if the proposed number of plants in
Healdsburg wasn't excessive.

Chief Burke said Healdsburg wants to avoid incidents of violence
associated with marijuana, including the use of guns to either steal
or defend the plants.

Although Healdsburg has avoided serious injuries or incidents of shots
fired, Burke said that without some regulations, it's only a matter of
time.

Over the past four years, Healdsburg Police have formally investigated
23 instances of cultivation, mostly involving "medical marijuana."

Police also have investigated and responded to other criminal cases
directly related to cultivation such as robberies, thefts and physical
assaults.

When state voters approved medical marijuana use in 1996, it allowed
for the cultivation and use of medical marijuana but didn't set
standards. In 2003, state law spelled out that qualified patients or
primary caregivers could possess up to eight ounces of dried marijuana
and maintain no more than six mature or 12 immature plants per patient.

However, cities and counties also are allowed to enact their own
statutes to exceed state limits. Sebastopol is the only city in Sonoma
County to do so. In 2010, the City Council approved a law that allows
patients and caregivers to grow up to 30 plants in gardens that can
cover as much as 100 square feet. They also can possess as much as
three pounds of processed marijuana at the garden site.

In unincorporated Sonoma County, the guidelines are similar to
Sebastopol's.
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MAP posted-by: Matt