County pot ordinance one step closer

By Julie R. Johnson

Comparing the smell of a marijuana garden to the nuisance smell of cow, chicken, sheep and horse manure, John Prinz went on quite a verbal tirade during Tuesday's Tehama County Board of Supervisor's meeting — voicing his opposition to the board's proposed medical marijuana cultivation ordinance.

When the supervisors introduced and approved the first reading of the ordinance on a 4-1 vote, Prinz and other opponents shook their heads in apparent frustration.

Proponents of the regulatory pot cultivation document walked out of the meeting with smiles on their faces.

Supervisor Charles Willard, who voted against the ordinance, said he still has too many unanswered questions about the document and feels the county is moving too fast in regulating medical marijuana cultivation.

"There has to be another way of doing this," Willard said. "We just aren't ready for this."

One of his biggest concerns was the ordinances requirement that no pot garden be grown within 1,000 feet of a school bus stop.

"How many bus stops are there in the county?" he asked. "And where are they? No one on this board knows. How in the world would someone wanting to grow a legal medical marijuana garden know where every bus stop is?"

Supervisor Bob Williams said all they would need to do is ask.

Williams and Supervisor Gregg Avilla are members of an ad hoc committee formed to create the ordinance.

Supervisor George Russell was concerned about a regulation of the ordinance that stated a garden must be "100 feet from all boundaries of the premises" where it is growing.

"What if a piece of property that is too small for a medical marijuana garden to be grown is 100 feet from all boundaries?" he asked.

The board, under recommendation from county counsel, amended the ordinance to add, "unless the enforcing officer or Board of Supervisors reduces or waives this requirement based upon a finding of unusual hardship."

"This is a complaint driven ordinance," Russell said. "Not a criminal ordinance."

He explained that county law enforcement would not be out conducting surveillance all over the county specifically looking for out of compliance medical marijuana gardens.

"There won't be a problem unless someone files a complaint against a particular marijuana garden," Russell said.

The ordinance states its intent is to "enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances," and works to "balance the needs of medical patients and their caregivers and promotes the health, safety, and welfare of the residents and businesses within the unincorporated territory of the County of Tehama."

One of the regulations of the proposed ordinances states no more than 12 mature or 24 immature marijuana plants can be grown in an area 20 acres or fewer, and if both mature and immature plants are growing, there shall be no more than 24 total;.

In an area greater than 20 acres but less than 160 acres, no more than 30 mature and 60 immature plants, with no more than 60 total at one time will be allowed.

In an area 160 acres or greater no more than 99 plants, whether mature or immature can be grown.

That amount of plants per area applies to any medicinal marijuana garden regardless of the number of "qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation."

The ordinance also states marijuana cultivation cannot take place within 1,000 feet of any school, school bus stop, school evacuation site, church, park, child care center or youth-oriented facility.

Anyone owning, leasing, occupying or having charge of a premises were a medical marijuana garden is located must register with the Tehama County Health Services Agency, and the information provided in the registration will be confidential and used for purposes of administration or enforcement, the ordinance states.

For security measures, the ordinance requires any marijuana garden growing outside to be fully enclosed by an opaque fence at least 6-feet in height and adequately secured to prevent unauthorized entry.

Indoor and outdoor gardens must be set back from the property boundaries at least 100 of feet in areas 20 acres or less, 300 feet in areas of 20 to 160 acres, and 1,000 feet in areas 160 acres or more, states the ordinance.

As for enforcement of the requirements in the proposed document, if an enforcing officer determines a public nuisance is occurring per the ordinance, that person may contact the owner or occupants of the property by issuing a "Notice to Abate Unlawful Marijuana Cultivation."

Tehama County Sheriff Clay Parker said he will personally take on the responsibility of being the "enforcing officer" and conducting investigations.

The proposed ordinance allows enforcement officials to abate the garden if the owner or occupant doesn't follow the required procedures after receiving a notice, and the abatement may be at the owners cost.

The next board's final vote on the ordinance is scheduled for April 6.