Amador County – Amador County Supervisors last week put finishing touches on a draft ordinance to regulate medical marijuana growing, while minimizing impacts on neighbors and cutting down big grows.

In public comment, David Dobbie said: “I’m not a lover of the federal government. Never have been.” He said he is sensitive to his neighbors and their rights, and does not impose on their rights, and seeks the same consideration.

He said the federal government wields a “heavy hammer,” and “there’s a thing called the U.S. Constitution, and the 10th Amendment,” about states’ rights. Dobbie said: “This issue is bigger than just medical marijuana and getting medicine to patients.”

Supervisor Richard Forster asked Dobbie about setbacks on his property. Dobbie said: “We live on an acre-and-a-half.” His garden is 25 feet to the closest edge of the property, off the street, out of view, “nobody even knows.”

Deborah Manning, a 20-year resident of the county, and owner of two properties, thanked the “Board for listening to us compassionately.” She said due to injuries, “I can’t get out of bed in the morning without my medicine.” She said: “The people you don’t see here are the ones you should be concerned about. We want to be legal growers.”

Manning said: “This is the best government interaction that I have seen in my life.” Tom Liberty, a marijuana collective member, thanked the board, Dr. Bob Hartmann, and a “unanimous recommendation from the Planning Commission.” Jonna Weeks encouraged action, “so we can have our medicine.”

Supervisors passed an emergency ban on outdoor marijuana growing, pending the final, formal ordinance. Its limits and language were based on successful laws that had passed legal challenges, including Mendocino County, which limited plants to 25 per parcel.

Ordinance revisions made last week would allow growing on rented property only with the landlord’s written permission. It also limit lights at night, and limits odors. County Counsel Greg Gillott said “you can have a nuisance that exists on a subjective basis” for odors. The ordinance also limits grows to 24 total plants on any one property, or 12 plants per patient, with a limit of two patients per property.

The ordinance keeps growing operations at least 600 feet from schools, parks and other youth-oriented facilities. It also requires a 100-foot setback from an occupied legal structure, or 50 feet from property lines for growing areas, or if those criteria can’t be met, marijuana plants shall not be visible from a public road or right-of-way, and require screening from general public view.

Gillott said “any abatement is subject to enforcement,” and authorities can go and get a court order to deal with issues quicker than what the abatement process would provide.

The ordinance changes were directed, to be approved at the next meeting, March 27.

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