Tuesday, 08 November 2011 08:43

Supervisors to ponder regulations for medical marijuana growers

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slide1-supervisors_to_ponder_regulations_for_medical_marijuana_growers.pngAmador County – Amador County Board of Supervisors on Tuesday will consider whether it wants to develop regulations for medical marijuana cultivation in the county, after receiving complaints about different locations, including one property in Fiddletown.

County Planning Director Susan Grijalva in an agenda request said “county staff has received complaints regarding cultivation of medical marijuana due to the odor emitted by the plants, poor sanitary conditions, camping, increase in traffic and safety.”

The Land Use & Community Development Committee “recommended this issue be taken to the Board of Supervisors for a decision as to whether or not to direct staff to pursue the development of regulations regarding the cultivation of medical marijuana.”

The request sought direction to staff, and included a draft resolution that said “the county has no rules or regulations governing the cultivation of medical marijuana,” and “medical marijuana ‘grows’ have recently emerged in Amador County, which are visible and easily accessible to the public, including children and youths.”

It said “during the current harvest and processing season there has been violent crime associated with these mature medical marijuana grows due to their size, location and monetary value.” The draft resolution said the board “finds regulations are necessary to address the location and manner in which medical marijuana may be cultivated.”

The board will consider the “resolution of intention to initiate proceedings to consider amending Amador County code to include regulations pertaining to medical marijuana cultivation,” in part “to protect the public health, safety and welfare.”

Grijalva in a memo said the county received complaints on grows “at several locations throughout the county.” She said options for the board included directing staff to develop an ordinance for medical pot regulation, which would make county staff responsible for enforcement, with law enforcement assistance.

They also have the option to not adopt regulations, which “would leave the enforcement of medical marijuana regulations in the law enforcement arena.”

A third option would be to “direct staff to prepare an ordinance banning the cultivation of medical marijuana.” Grijalva said: “This option could expose the county to legal challenge and related costs.”

Land Use Committee Minutes included a report by Undersheriff Jim Wegner, who said the county has a prohibition of medical pot dispensaries. Growers must have a “215 card” from Public Health. He said it is illegal to sell marijuana or to grow it for commercial purposes, and it can be grown by cooperatives and collectives, but they can only charge for the actual cost.

The minutes said the committee directed staff to work toward the county being appointed trustee of a property on American Flat Side Road, in Fiddletown, “so action can be taken to respond to complaints.”

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.

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