Pubdate: Wed, 08 Jul 2015
Source: Monterey County Herald (CA)
Copyright: 2015 Monterey County Herald
Contact:  http://www.montereyherald.com/
Details: http://www.mapinc.org/media/273
Author: Jim Johnson

MONTEREY SUPERVISORS ADOPT TEMPORARY MEDICAL MARIJUANA BAN FOR 
UNINCORPORATED AREAS

Salinas - Amid tales of investors targeting Monterey County as an 
ideal location for commercial medical marijuana operations, the Board 
of Supervisors on Tuesday adopted a temporary ban on dispensaries and 
collective grows to allow time to write and enact regulations on what 
could be a burgeoning local industry.

By a unanimous vote, the board approved a 45-day interim ordinance 
banning the establishment of new medical marijuana dispensaries and 
collective or cooperative cultivation of marijuana in all areas 
outside the county's cities.

According to a county staff report, the "urgency" ordinance is 
necessary to protect "public safety, health and welfare" because 
county code did not specifically regulate the use of land or 
structures for dispensing or growing medical marijuana.

Unregulated dispensing and cultivation of medical marijuana, 
according to the staff report, could lead to an "increase in violent 
and non-violent crime, adverse environmental impacts, increased water 
demand, interference with farming practices, fire danger from grow 
light systems, extensive energy consumption, strong offensive odors, 
decreased property values, and increase traffic."

County planning director Mike Novo said that most other California 
counties had adopted medical marijuana regulations, and the county 
could use those as a guide.

"The (state's) voters have already determined medical marijuana may 
be allowed," Novo said.

In 1996, California voters approved Proposition 215 exempting certain 
patients and their primary caregivers from criminal liability under 
state law for possession and growing of marijuana for medical purposes.

Supervisor John Phillips said he proposed the local ordinance and 
creating county rules for medical marijuana because "a number of 
businessmen" had approached him about getting into the business.

"I prefer the county regulate this rather than the state," Phillips 
said. "We need to move forward with this."

Salinas attorney Aaron Johnson told the supervisors he represents 
several cannabis collectives that grow medical marijuana locally in 
compliance with state law, and urged the board to adopt local rules 
to clarify the issue. Johnson described the county as "one of the 
best areas for growing marijuana" due to its mild Mediterranean 
climate, proximity to the Bay Area and its huge demand for cannabis. 
He predicted medical marijuana would one day replace the local cut 
flower industry.

The temporary ban will not apply to growing marijuana for personal 
use by a qualified patient with an identification card or a primary 
caregiver, or dispensaries and cultivation operations in existence 
provided the use had already begun and "all required county approvals 
and land use permits had been obtained or applied for prior to the 
date of adoption" of the temporary ban, according to a county staff report.

Novo said no medical marijuana operation had applied for a county 
land use permit as of Friday.

The supervisors agreed to revisit the temporary ban on July 28 to 
consider expanding exemptions, perhaps to include those who had 
already made "substantial investment" in the medical marijuana 
business locally, and extend it an additional 10 months and 15 days. 
The board indicated they hoped to adopt permanent regulations by this fall.

The temporary ban could be extended by another year next summer, if 
the board chooses to do so.

Supervisor Jane Parker said she'd like the board to commit to 
adopting regulations by Oct. 1.

"Obviously, this is a needed service," Parker said.

Also Tuesday, the supervisors:

Approved an open government policy offering quicker public access to 
county information through a series of measures, including a web page 
offering links to data from all county departments and earlier 
posting of board agendas, four days in advance of meetings.

Agreed to a deal with the Salinas Valley Solid Waste Authority and 
Ameresco Inc. to develop and use renewable energy from landfill gas 
at the shuttered Crazy Horse landfill, expected to save the county up 
to $5.6 million over 20 years and help the county reach its 
greenhouse gas emission reduction goals.

Rejected an appeal by the Center for Biological Diversity of the 
county Planning Commission's April approval of a temporary 
exploration permit for an existing oil and gas well, which prohibits 
the controversial well stimulation technique known as "fracking" but 
does allow acidization for maintenance.
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MAP posted-by: Jay Bergstrom