Pubdate: Wed, 18 Dec 2013
Source: Visalia Times-Delta, The (CA)
Copyright: 2013 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: Valerie Gibbons

COUNTY READIES FOR FIGHT OVER MEDICAL MARIJUANA IN 2014

The Tulare County Board of Supervisors is gearing up for a long fight
over medical marijuana rules next year.

The county will lobby for stricter rules governing the cultivation and
sale of medical marijuana at the state level. The lobbying pits
Central Valley counties directly against urban coastal counties in the
Bay Area and Southern California that have operated under a far looser
interpretation of the law.

Since the Compassionate Use Act was passed in 1996, the county has had
rules in place restricting medical marijuana cultivation to indoor
sites - and in restricted areas. Many cities within the county have
also set up their own set of regulations, as well.

The patchwork of laws has both sides of the issue pressing the state
to decide who has the power to regulate medical marijuana, and trying
to get their voice heard as to what those regulations should look like.

The supervisors unveiled their wish list at their regular meeting
Tuesday with a number of proposed rules for state lawmakers that
included language which would allow the county to control where the
plant is grown and under what circumstances; restricts language
regarding "rights" to medical marijuana; and allows local governments
to enact bans on the cultivation, sale and use of the plant.

"The county's decision on how they use their police powers should be
respected," said Kathleen Bales-Lange, Tulare County Counsel.

The county's preferred rules are a stark contrast to a last-minute
bill that nearly passed in Sacramento last September. In it, the state
would have created a separate state entity under the Department of
Alcoholic Beverage Control that would have the exclusive power to
authorize the manufacture, testing, transportation, storage and
distribution of the plant. The proposal also would have given the
state the power to set taxes and fees.

"We have every reason to believe they will try again next year," said
Debbie Vaughn, Tulare County administrative analyst.

The county's lobbying platform provides a preview of a new local
ordinance that will be decided next year, where the county is expected
to regulate outdoor grow sites and the number of plants allowed at
each site.

Currently, there is a moratorium, or ban, on the opening of any new
storefront, mobile dispensary, or collective grow sites within the
county.

The county is not alone. Just last week Fresno County's Board of
Supervisors voted to ban marijuana cultivation. According to the
Associated Press more than 200 cities and counties in California have
outlawed medical marijuana dispensaries, and the state Supreme Court
upheld the practice earlier this year.

Many jurisdictions also limit where the plants can be grown, but it
remains unclear whether local governments can prohibit authorized
medical marijuana users from growing their own.

"I think we still have to go down the road a few more miles until this
all is settled," Supervisor Allen Ishida said.

Tulare County officials maintain the grow sites are a magnet for
crime. Between February 2012 and October 2013, the sheriff's
department reported that six homicides, three attempted homicides, 23
home invasions, 13 assaults with a deadly weapon and two assaults on a
peace officer - among other crimes - have been directly tied to
marijuana grows.

So far in 2013, the sheriff's department reported they have closed
down 140 grow sites, seized 233,772 cultivated plants, 256 weapons and
more than $666,000 in cash.

According to the county's Resource Management Agency, more than 520
illegal medical marijuana sites have been identified since January
2012. Property owners are provided abatement notices after
identification. After abatement notices were served, approximately 84
percent of property owners abated illegal medical marijuana from their
property.

The county's ordinance is expected to be unveiled in January.
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