Amador County – The Amador County Board of Supervisors approved a final reading of its medical marijuana growing regulations Tuesday, with supervisors deflecting criticism.

Supervisors Brian Oneto said he was “a little dismayed by the overarching vitriolic statements being made toward this board today,” and it was “bunk” that they made decisions behind closed doors concerning the number of plants allowed. He said he talked to a lot of people about this, including a man and his wife who had 10 marijuana plants each and said it was more than adequate.

Oneto said the draft code originally had a 12-plant limit per parcel, the Planning Commission recommended 72 plants, and the federal government ruled against Mendocino County’s regulation allowing 99 medical pot plants, saying it was too many. Mendocino changed their number to 25, and that is similar to Amador County’s total 24 per parcel, for up to two patients with doctor recommendations, and 12 plants each.

Thomas Liberty, a marijuana collective member, said a Fiddletown growing site was mischaracterized because it was “exactly the type of grow that Senate Bill 420 was designed to protect.” He said it had 96 plants and the 24 patients involved had 4 plants each.

Oneto asked Liberty if he had been to the site in Fiddletown, which Oneto visited and said had a powerful odor, even more than 100 feet away. Liberty said he did not visit the site, and was “not saying that there weren’t problems.”

Liberty also questioned Supervisors’ ability to “oversee contracts between renters and property owners,” alluding to a requirement for pot growers who rent the property to first obtain written permission from the landlord.

County Counsel Greg Gillott said the ability to regulate in the jurisdiction comes from police powers. He said one law still uncertain regarding dispensaries is at the Supreme Court, and others are likely to go there. Requiring permits for marijuana is federally prohibited, but it has been ruled legal in California for a jurisdiction to completely ban marijuana dispensaries, and that may be useful in agricultural contexts. He said San Bernardino has a total outdoor ban on growing marijuana, limiting it to indoors.

Gillot said Amador County is not one of the more stringent counties, and it was unlikely they would be challenged for limiting growers to 24 plants.

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