LAKE COUNTY — The Sierra Club Lake Group on Sunday announced its opposition to Measure D, the Lake County Medical Marijuana Cultivation Act of 2012.
The initiative, which would create an ordinance to regulate medical marijuana cultivation, is on the June 5 ballot.
The Sierra Club Lake Group Executive Committee identified several concerns regarding Measure D, including the following:
– Measure D could override existing environmental protections for agricultural crops.
Measure D states, “If this article is found to be in conflict with any other County Codes, laws, ordinances or resolutions, the provisions of this article shall prevail.”
According to a statement from Sierra Club representatives, this may be interpreted to mean that the county could not enforce erosion control, pesticide and other toxic chemical use or grading regulations on medical marijuana cultivation.
– Measure D would override existing zoning laws, allowing medical marijuana cultivation in residential areas, including vacant parcels, where agricultural practices are not allowed under existing rules.
This is in direct conflict with zoning laws that protect owners” property rights in residential areas, according to the statement.
– Measure D is bad public policy because it cannot be amended or changed by the normal legislative process.
Because it is a ballot measure, if it is passed by the voters it cannot be changed without another ballot measure approved by the voters, according to the statement.
With the current state of medical marijuana interpretations and court decisions in flux, the environmental group said it is clear that any regulation of medical marijuana cultivation will need to be amended and fine tuned to address issues that arise.
– Measure D acknowledges that “medical marijuana is an agricultural product,” yet does not require it to be subject to all the normal rules and requirements that other agricultural products must obey.
The Sierra Club Lake Group representatives acknowledged the need for medical marijuana cultivation regulations, but said Measure D favors the interests of the growers over the interest of the greater community and environment.
The environmental group representatives urged voters to vote “no” on Measure D.
