Pubdate: Wed, 17 Aug 2016
Source: Visalia Times-Delta, The (CA)
Copyright: 2016 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: Luis Hernandez

SUPERVISORS APPROVE NEW MARIJUANA ORDINANCE

A new interim zoning ordinance will put the kibosh on new medical 
marijuana businesses and restrict those already operating in Tulare County.

Supervisors approved the ordinance, following a recommendation from 
county administrators and a lengthy presentation on Tuesday.

The ordinance is set for 45 days, but it can be extended to 22 
months, 15 days. The ordinance goes into effect immediately and, if 
it were to be extended, a public hearing would be needed.

Previously, county supervisors had adopted regulations and ordinances 
related to marijuana, said Resource Management Agency Interim 
Director Benjamin Ruiz. The ordinance presented Tuesday was initiated 
when county administrators noted a combination of factors. There's an 
increased interest in commercial marijuana activities, civil 
enforcement concerns and fire hazards.

Additionally, the increased interest in marijuana and a disconnect in 
the licensing system leads to an increase of unregulated medical 
marijuana activities and concerns about public welfare, Ruiz said.

Local dispensaries, though, say local law enforcement and code 
enforcement have targeted dispensaries, such as Canna Can Help, while 
letting mobile dispensaries run free. According to Weed Maps, there's 
nearly 20 weed dispensaries in Tulare County. Just two of the are 
legally operating. Mobile operations are illegal in the county.

"We are the only establishment abiding by the rules, not sneaking 
around," said attorney Doug Hurt, who represents Canna Can Help in 
Goshen. "Why are they targeting us. Are they lazy?"

In the presentation, Michael Grove, a code compliance officer, said 
there have been at least 30 inquiries about marijuana permits or 
licenses, mentioning the new state law since the fall of 2015.

Grove also said there are illegal remodels related to marijuana that 
are dangerous. Any building renovations must stop, Ruiz said. That 
likely includes Cann Can Help's expansion in Goshen.

Grove has repeatedly said he's overworked and can't keep up with the 
enforcement of illegal mobile dispensaries and outside grow sites, Hurt said.

The cultivation of marijuana also drains water resources, as a 
marijuana plant takes up to eight gallons of water daily. Wes Hardin, 
who manages operations at Canna Can Help, said his operation uses 
much less water than typical outdoor grow sites.

"We are an open-book dispensary. We will abide by all rules set forth 
by the county, but we expect the county to enforce their rules across 
the board," Hardin said. "It's like the wild west. But, we're the 
only ones playing by the rules."

The Goshen-based dispensary contributes about $38,000 in sales tax 
each month. About $11,000 of that goes toward the county.

There's also a criminal aspect to growing marijuana. Sheriff's 
Department Detective Tim Johnson said the number of eradicated sites 
in the 2015-2016 fiscal year increased to 209, up from 189 the 
previous year and 169 two years ago.

The marijuana sites also increase crime activity, he said. At sites 
shut down by law enforcement, personnel recovered stolen guns, cell 
phones, and cash, likely obtained by illegal sales. There's also the 
increasing numbers of Honey Oil Extractions, according to the report.

In the last two years, sheriff's deputies have located 11 Honey Oil 
labs. Just last month, the sheriff's department served 24 warrants in 
Pixley, Teviston, and Earlimart, revealing evidence of a Honey Oil 
lab. Honey Oil is the residue extracted from marijuana material after 
being heated.

There's also child endangerment. Fertilizers, in liquid and powder 
forms, are often found at the sites where children live, Johnson 
said. Law enforcement also estimated $300,000 worth of electricity 
has been stolen as indoor grow sites use a lot of power.

In the report, Johnson also mentioned the arrest made in June of a 
driver transporting 100 pounds of marijuana on Yokohl Drive.

Tulare County Fire Chief Charlie Norman said the marijuana grow sites 
also pose a fire risk.

After the presentation, there was a public hearing. No comments were 
made, however.

Hurt said he was unaware of agenda item, but plans on attending any 
future hearings, including a public hearing set for 9:30 a.m. on Sept. 13.

In the November presidential election, a ballot initiative will give 
voters a chance to legalize recreational marijuana. Ruiz said county 
officials don't know the local effect legalization would have on 
marijuana in Tulare County. He's hoping the interim ordinance will 
help settle things locally.

"We have local police power," he said. "It gives us the opportunity 
to study the issue."
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MAP posted-by: Jay Bergstrom