LAKEPORT — Following more than three hours of public testimony, debate and compromise, the Lake County Board of Supervisors (BOS) passed an ordinance relating to the cultivation of medical marijuana Tuesday afternoon.
The ordinance was modified in its format from the one developed by the Planning Commission and Community Development Director Richard Coel. The ordinance was first unanimously approved to be read in title only.
The ordinance was amended to include the following changes:
A use permit, known as a medical marijuana cultivation permit, will be issued with fees the same as for a minor-use permit.
Notices to property owners within 300 feet of the parcel where marijuana will be cultivated will be issued, similar to a grading permit.
There will be limited cultivation in lots zoned “R-1.”
No outdoor cultivation of any marijuana will be permitted on parcels smaller than a half-acre, or 21,780 square feet.
For parcels greater than a half-acre, plants can be grown with a minimum 25-foot setback from the property line and must also be 50 feet from any offsite residences.
For indoor cultivation, the area used must not occupy more than 100 square feet of the residence, indoor lighting must comply with all applicable codes, and the area shall be ventilated for odor control and shall not create a humidity or mold problem.
The amended ordinance was passed unanimously.
The BOS opted to make modifications following testimony from Sgt. Randy Johnson of the Mendocino County Sheriff”s Office. Johnson was invited by the BOS to testify because of the medical marijuana growing operation that he is in charge of in Mendocino County, an operation that he called “the only working program in the state.”
Johnson has been running a program for medical marijuana growers for two years. In that time, the program grew from 18 participants the first year to 95 this year. Growers must go through multiple inspections each year, pay a $1,500 application fee, must get valid recommendations to grow and must pay for zip ties, which are used to keep track of where the processed marijuana goes, to be placed on their plants. Growers can cultivate no more than 99 plants.
Johnson said his program has compliant participants who grow marijuana on large parcels following organic processes. Johnson said these growers are the “farmer”s market people of marijuana.” He said most of the growers have other gardens they tend and don”t have issues with regulations.
Johnson invited Board Chairman Jim Comstock to a meeting where 80 growers were present last week to show Comstock that a good working relationship has developed between the growers and law enforcement. Johnson said marijuana wasn”t going to go away and personal feelings on the issue must be put aside in order to work together.
Supervisors Denise Rushing and Jeff Smith liked parts of the Mendocino program. Rushing was in favor of using the zip ties in Lake County”s cultivation program, and Smith agreed. They both liked the ability to trace where the marijuana goes after it is processed. The zip ties were ultimately not included in any of the amendments.
Many members of the public spoke on the issue. Multiple residents spoke of illegal grow operations in neighbor”s backyards and how they quickly ruined neighborhoods because of the smell of the marijuana growing, fences being put up in fenceless neighborhoods to keep people away from the plants, aggressive guard dogs being brought in for additional protection, and even the sounds of gunfire. They said it created a hostile environment and made them feel unsafe.
Many of the residents who had neighbors growing illegally encouraged the BOS to ban growing in residential neighborhoods. Others felt marijuana should be grown solely indoors.
There were advocates for the responsible growing of medical marijuana present. One worker from a medical marijuana dispensary advocated allowing dispensaries to grow marijuana onsite to supply their patients. Another advocated working together to create a cultivation ordinance that is fair to both sides. One gentleman advocated shipping Lake County medical marijuana to other states via the Chamber of Commerce to bring money to the county.
Sheriff Frank Rivero said he agreed with Dr. Robert Rosenthal, a doctor who prescribes medical marijuana and is known to his patients as “Dr. Rob,” in that small collectives of five patients can grow up to 30 mature plants or six mature plants per patient.
Rivero said the issue with cultivation was thrust upon local governments by the state. He said the Mendocino ordinance was not perfect and that the BOS was on the right path with the ordinance it had in front of them. He asked the BOS on behalf of all the citizens in the county to move forward with the ordinance.
Rivero pledged to the BOS and citizens that he “would be fair on this ordinance.”
The ordinance will be voted on again at the Oct. 4 BOS meeting before it is adopted into law.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14.
