The MENDOCINO COUNTRY Independent posted 8/25/09
COUNTY CONTEMPLATES COOPERATIVES
Supervisor McCowen wants to see
medical marijuana production and distribution recognized and regulated.
RJ photo.
by Richard Johnson
Those who wish to legally cultivate and or dispense
medical marijuana in or for a collective or cooperative may be able to
apply next year for a conditional permit from the sheriff to grow up to
99 plants on a single parcel!
The supervisor committee designated Health and Human
Services (Kendall Smith and John McCowen) is is considering language in
its draft Medical Marijuana Ordinance that would exempt such gardens
from the "nuisance" ordinance 9.31 passed last year.
Section known as 9.311.110 provides for an
exemption from the 25 plants per parcel limitation in section 9.31.070.
This section in turn is based on the county's health and safety
nuisance ordinance 8.75 which is also in flux at the moment.
In addition, the proposed ordinance section relies on the
Attorney General's Guidelines and makes certain sections of it
mandatory instead of recommended.
There are more than 20 other proposed
conditions required to be met in a written application for those taking
advantage of the 99 plant exemption.
Among them, a producing or dispensing
cooperative or collective must operate on a nonprofit basis, must
obtain a county business license, a state seller's permit, require
members to sign a membership application, handle only lawfully obtained
marijuana, secure the premises, limit indoor grows to a 100 square foot
contiguous canopy, keep records, submit to inspections, describe
environmental mitigations, limit traffic, and numerous other
conditions.
They would be allowed to "sell" or exchange product
for value, but only with their members. There is no requirement the
members must be residents of Mendocino County. Moreover, it has not
been decided whether sheriff's zip ties (now $25 each) would be
required in plantations up to 99 plants.
Sheriff Tom Allman was at the August 10 meeting of
the HHS committee and made some tweaks but basically signed on to the
proposed language.
Tragically, the Mendocino Medical Marijuana Advisory
Board is adamantly opposed -- frustrating their own interest and
calling into question their competence to represent growers.
According to Pebbles Trippet, they insist on sitting
at the table as equals with the government to "hammer out a stand alone
ordinance" for cooperatives and collectives separate from 9.31, the
nuisance ordinance.
. In other words, they not only want to control the
product, they need to control the process as well.
Along the way, Trippet, along with Beth Bosk and Tom
Davenport have raised repeated legalistic arguments in an apparent
attempt to highjack the committee meetings or derail its work.
Not being very well read, what they refuse to
understand is it's not legally possible for the county to regulate
marijuana except through a nuisance ordinance. But because Beth Bosk
did not go to college and does not understand the law, she denounces
the entire approach as "insulting." Bosk was
responsible for wrecking a parallel process to the
formal committee, in which McCowen was negotiating directly with
cultivators on all phases of marijuana regulation in the county.
Attorney Hannah Nelson of Fort Bragg
submitted a written proposal on August 10 for various levels of
regulation and accountability for collectives and cooperatives, stating
some did not want to be so formal or pay so much money..
And Matt Cohen of NorthStone Organic Cooperative had
several pages of written recommendations, also along the lines of
reducing the requirement to get a permit, pay fees, and limit the
number of plants per parcel. For example, a group of 10 patients that
wanted to grow just for themselves without any outside sales should not
have to get a permit to grow 99 plants.
He also questioned the 99 plant per parcel limit and
called for permitting a 10' x 10' canopy per patient, (about 25
plants). He also stated that those with a permit should be exempt from
California Health and Safety Code statutes prohibiting the cultivation,
possession and sale of marijuana.
As it is, Measure B and state law limit each patient
to no more than 6 mature plants, not 9.9, not 25. And the county has no
authority to exempt anyone from state law for any reason.
The proposed ordinance will be submitted to the full
board before the end of the year. The HHS committee meets the second
Monday of each month in Room C at 3pm, Low Gap Funny Farm. --