County pot ordinance goes public

A proposed Tehama County marijuana cultivation 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."

The ordinance was made available for public scrutiny on Tuesday and will be on the Board of Supervisor's agenda on March 16 at 1:30 p.m.

"I believe this is a good, fair ordinance," said Sheriff Clay Parker, who was on the committee that produced the ordinance. "I support it completely."

According to the county, a health and safety code allows cities and counties to adopt and enforce ordinances that are consistent with state law.

The county ordinance acknowledges the risks to juveniles and criminal activity associated with any type of marijuana cultivation, but 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 less, and if both mature and immature plants are growing there shall be no more than 24 total; in an area greater than 20 but less than 160 acres no more than 30 mature and 60 immature plants, with no more than 60 total at one time; and in an area 160 acres or greater no more than 99 plants, whether mature or immature.

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 proposed ordinance also states marijuana cultivation cannon 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, states the ordinance, and the information provided in the registration will be confidential and used for purposes of administration or enforcement.

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-feet in areas 20-acres or less, 300 feet in area of 20 to 160 acres, and 1,000 feet in area 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."

The notice may state the owner or occupant must abate the garden within 14 days, and a statement that the owner or occupant can appeal the notice.

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 City of Corning adopted a marijuana cultivation ordinance on Feb. 9, which goes into affect 30 days from that date. The city's ordinance only allows indoor medical marijuana gardens and those must be ventilated and secured with solid, 6-foot fencing for the avoidance of nuisance to neighbors and theft. Corning also requires each medical marijuana garden grower to register with the city's planning department.

Contact Julie R. Johnson at 824-5464 or jjohnson@tcnpress.com