Pubdate: Sun, 08 Dec 2013
Source: Fresno Bee, The (CA)
Copyright: 2013 The Fresno Bee
Contact:  http://www.fresnobee.com/
Details: http://www.mapinc.org/media/161
Note: Does not publish letters from outside their circulation area.
Author: Carmen George

FRESNO COUNTY SUPERVISORS TO WEIGH TOUGHER MARIJUANA RULES

Two revamped marijuana ordinance proposals - one that completely bans 
marijuana growing in Fresno County - will be before county 
supervisors on Tuesday.

Both revisions are an effort to curtail the emergence of large, 
dangerous marijuana grows on the Valley floor that have been hotbeds 
for crime, officials say.

The other proposal limits growers to six mature, or 12 immature pot 
plants. Growing space also can't exceed 120 square feet within either 
a room of a single-family dwelling, or a detached, covered outdoor structure.

Some worry the former option - banning all marijuana growing - would 
infringe on the rights of those who consume marijuana for medical 
reasons, protected by California's medical marijuana law, Proposition 215.

"Obviously the sheriff would prefer zero plants," Undersheriff Steve 
Wilkins said of the two proposals. "Regardless of how you package it, 
it's (marijuana) a violation of federal law. But the other option is 
still a valuable tool and helps with large grows, where violence is 
coming from."

Stiffer penalties would apply for both options: misdemeanor charges, 
$1,000 fines per plant in excess of the maximum allowed, along with 
additional $100 fines per plant, per day, past a designated removal date.

The fines currently on the books are much lower, often several 
hundred dollars: "a slap on the hand compared to how much money is to 
be made," Wilkins said.

A pound of marijuana goes for about $1,200 in the Valley and $4,200 
in Boston, where many Fresno-grown plants have been illegally 
shipped, Sheriff Margaret Mims said.

More than 530 marijuana farms were identified by deputies in Fresno 
County as of Nov. 6, but just 113 were removed. Several of the farms 
this summer were near elementary schools and amounted to thousands of plants.

The proposed 12-plant limit, with increased penalties, is modeled 
after Kern County's ordinance.

Their August, 2011 revamp had a big effect, said Chief Deputy Kevin 
Zimmermann with the Kern County Sheriff's Office.

In the months leading to the update, 46 marijuana farms were found on 
the Valley floor in Kern County by deputies in 2011, compared to less 
than 10 in 2012 after the new ordinance was in place.

"The merits of the ordinance were obvious," Zimmermann said. "Once 
the public was educated about how the ordinance was to be enforced, 
the numbers of Valley grows diminished significantly."

In September, supervisors supported the 12-plant proposal. But when 
time came for a second and final vote, more questions arose and staff 
was directed to go back to the drawing board.

"It didn't seem in the public interest for there to be a cannabis 
count of 10 or 11 or 12, when all of the marijuana can be a serious 
risk to our community," Supervisor Andreas Borgeas said.

Medical marijuana advocates have voiced strong opposition to the 
proposal to ban all marijuana growing.

Don Duncan, California director of Americans for Safe Access, wrote 
to supervisors on behalf of 1,000 members of his group who live in 
the county. He said while the state Supreme Court recently ruled 
Riverside could ban the distribution of medical marijuana from a 
wellness center, "the court arguably did not extend that discretion 
to the cultivation of medical cannabis (marijuana) by individual 
patients and their primary caregivers."

Both proposed ordinances would continue Fresno County's ban on 
medical marijuana dispensaries.

Sean Dwyer, executive director of California Herbal Relief Center, 
operated a medical marijuana dispensary in Fresno County until the 
ban took effect in 2012.

"Rather than allowing for legitimate access for patients, they cut 
everything off," Dwyer said. "And when you cut everything off, it 
will go to the black market, and that's what has happened."

Supervisors will look at both proposed ordinances on Tuesday. Their 
second and final vote will happen in the coming weeks. The Fresno 
County Sheriff's Office hopes a new ordinance will be on the books by 
February or March, Wilkins said, when marijuana eradications will 
start increasing.
- ---
MAP posted-by: Jay Bergstrom