I”d like to clear up some of the misperceptions that people have about Measure O, including those of Tom Guthrie in his recent letters. Measure O is the Medical Marijuana Control Act (MMCA). Like Measure N, it is primarily a land use ordinance.
Sheriff”s role: Measure O creates a new Medical Marijuana Enforcement Division (MMED) within the Community Development Department, with at least one Medical Marijuana Enforcement Officer (MMEO) and other new enforcement officials funded by registration fees collected from legal cannabis cultivators. Nothing in Measure O prevents the MMEO from requesting a standby or support from the Sheriff, and nothing in Measure O prevents the Sheriff from raiding illegal grows.
Schools: Measure O prohibits outdoor cultivation within 600 feet of any public or private elementary (including kindergarten), middle or high school, in compliance with state guidelines.
Nuisances: If a garden is a nuisance to a neighbor because of odor or other factors, or creates a nuisance by being too close to a park, church or nursery school, it can be abated even if otherwise in compliance with Measure O. This is clear from Sections 72.13(f) and 72.5(i), as well as other provisions of the MMCA. And, the four plants permitted on less than an acre is not an absolute; if the garden is a nuisance in the neighborhood, it can be abated.
Indoor cultivation: Measure O only deals with outdoor cultivation. If Measure O passes, the Board of Supervisors is still free to regulate indoor cultivation in any way it sees fit.
Federal money: Nothing in Measure O prevents the county from accepting federal money to destroy gardens on public and private land that are illegal under California law. The MMCA directs the County not to accept federal money to prosecute cannabis cultivators who are complying with California law, but federal grants to eradicate trespass grows and other grows illegal under California law are encouraged.
I hope this clears up some of the misperceptions surrounding Measure O. Measure O is a true compromise, and the sensible solution.
Ron Green, Lower Lake
