Pubdate: Sat, 09 May 2015 Source: Record, The (Stockton, CA) Copyright: 2015 The Record Contact: http://www.recordnet.com/apps/pbcs.dll/section?Category=A_OPINION05 Website: http://www.recordnet.com/ Details: http://www.mapinc.org/media/428 Author: Joe Goldeen SJ COUNTY TO BECOME MEDICAL MARIJUANA NO-GROW ZONE STOCKTON - On Thursday, a new ordinance will take effect that clearly prohibits all cultivation of marijuana for any purpose including medical in the unincorporated areas of San Joaquin County. Possession, within the constraints of state law, will still be allowed. Cultivation within the city limits of Stockton and the county's other cities is subject to the rules of those cities. Pockets of Stockton that are unincorporated and patrolled by the Sheriff's Office are affected by the new ordinance. Violation of the new county ordinance is a misdemeanor punishable by a fine of not more than $500, imprisonment in the County Jail up to six months, or an alternative sentence. "Each day illegal medical marijuana cultivation continues shall constitute a separate violation and be subject to the maximum penalty and any other enforcement remedies available to the county," according to the ordinance officially logged in as Title 4 (Public Safety), Division 10 (Medical Marijuana), Chapter 1 (Medical Marijuana Cultivation). Sheriff's Capt. Bruce Wuest, who heads the Metro Narcotics Task Force and was instrumental in drafting the new ordinance over the past two years, said the new rule helps his deputies deal with the realities of what they see on a regular basis. "The state rules allow room for fudging, but we are not dealing with very many people at all that are in compliance with what the state allows. It is usually in excess of that amount," Wuest said, referring to the state law that allows a medical marijuana patient or primary caregiver to have no more than six mature or 12 immature marijuana plants per qualified patient. When they made their presentation to the Board of Supervisors last month, Wuest and his boss, Sheriff Steve Moore, said that excessive, illegal marijuana cultivation by individuals and collectives around the county was experiencing a boom "in part because of the lack of local regulation." They noted that illicit nonmedical marijuana plants discovered and eradicated by deputies soared to 100,000 plants in 2014 from 31,000 plants in 2011 . In 2013, the Sheriff's Office destroyed a record 138,519 illegal plants in the county. And the crime associated with marijuana cultivation also has grown. Between 2008 and 2014, there was an average of one homicide per year related to marijuana grows in unincorporated county areas. And just last year, a deputy sheriff was shot at while investigating an outdoor marijuana grow. Wuest said patrol deputies are not going to be ordered to specifically root out small marijuana grows, but if they come across them in the course of their duties, the new law gives them the authority to take action. "It's complaint driven. Now when we respond to that complaint, the ordinance allows us another tool. If a patrol deputy is out on a call for service talking to a neighbor and sees into a guy's backyard, the officer can address it at that point," Wuest said. The county's top narcotics officer made it clear that while all cultivation will be illegal starting Thursday, "possession is legal as long as they have the medical recommendation." Wuest added, however, that the number of California Medical Marijuana Identification Cards in San Joaquin County "is very low." Wuest and Moore made a strong case to the supervisors about the county's right to enact a total cultivation ban as allowed by the California Constitution with the stated purpose "to preserve the public peace, health, safety and general welfare" of county residents. The board unanimously adopted the ordinance. As clear as the county has been about its intent, questions remain for many people who use, grow or sell marijuana for medical purposes, especially low-income disabled patients. Of those interviewed for this story, none wanted to be identified out of concern for their personal safety and the concern that they might be violating the law. Most wanted to know how they would be able to get the medical marijuana they require. For many, it's unaffordable. For others, transportation to get to a dispensary is an issue. According to weedmaps.com, there are up to three dozen marijuana dispensaries in and around San Joaquin County. While most only provide delivery services in a specified area, there are four standalone shops - all within the city of Stockton - that provide a variety of cannabis products. Employees and operators of those shops - most of whom asked for anonymity for themselves and their businesses out of concern for their personal safety and the security and confidentiality of their patients - for the most part objected to the new ordinance because of its restrictions what they view as personal freedom. "This law's not fair. People who want to grow their own medicine should be allowed to grow their own medicine," one shop employee said. "To me, you would want it growing out in the unincorporated areas where it doesn't bother anybody." The proprietor of a nonprofit collective in Stockton - a strong advocate for marijuana's medicinal effects - acknowledged that the cultivation ban in the county would be good for his business. "You'd be surprised how many people are out there," he said. Wuest said he understood the needs of patients in the county and said cannabis products are still accessible to them. "People do have access to marijuana, but they have to get it a different way," he said. The Sheriff's Office, he said, is "really trying to help the community by providing a better community for everyone." Anyone with questions about the new county ordinance may call Wuest at (209) 953-1105. - --- MAP posted-by: Jay Bergstrom