Re:
Supervisor Pinches' Proposed Mendocino County Guidelines for Medical Marijuana
Proposition 215 legalized medical cannabis through the state initiative process,
and therefore any changes to its content would require another initiative to be
passed by California voters. This requirement is to prevent individuals
from changing this law for their own special interests. It means that
Senate Bill 420 is illegal and unconstitutional, as are any other rules made by
our officials on this matter.
The following is the text of Supervisor John Pinches' proposed Medical Marijuana Guidelines. He told me (this afternoon) he has it scheduled as an agenda item, 3PM Tuesday August 7 before the full Board. This means that the Board will vote it up/down or table it. While his proposal, in my view, does have merit in its general concept, it has numerous unworkable flaws which might have been corrected had he involved others in the drafting process. As far as I know, no-one from the medical marijuana community was involved in this at any point prior to the present wording shown below. It is presented without further comment on my part. Mendocino County Guidelines for Medical Marijuana in Unincorported Areas Cities may adopt same or different guidelines. These guidelines are intended to address and control problems associated with medical marijuana. In no way are they intended to conflict or interfere with state or federal law. 1.Not more than 25 mature medical marijuana plants per legal Assessor's parcel; or not more than 150 square feet of plants indoor. If the grower is not the legal owner of the parcel, they must obtain written consent from the property owner. 2. Twenty-six or more medical marijuana plants per parcel must obtain a conditional use permit to address issues such as securitiy, air quality, traffic, and impacts on wildlife, water, etc. 3. Yield stamps (zip ties) will be issued and sold at the rate of $15 per indoor plant and $25 per outdoor plant (based on same rate of timber yield tax on timber). 4. Yield stamp fees will be collected prior to growing, and administered by the Tax Collector's office. Applicants wishing to grow for multiple individuals will be required to apply to the County's Planning and Building Services for a conditional use permit. 5. The Tax Collector's office will receive 5% of the yield stamp revenue for administration services. The remaining 95% of revenues will be deposited into a special account to be allocated on an annual basis by the Board of Supervisors for general government function (i.e., Sheriff, Jail, DA, Probation, Roads, Public Health, Mental Health, etc). Additionally, Planning and Building Services will charge fees set for use permits (minor or major). This proposal... Conforms to Measure G; and Does not conflict with Proposition 215; and Provides law enforcement clear direction on what is acceptable; and Discourages large operations and encourages law enforcement to concentrate on removal of same. Best of all, this propoal is doable! "