LAKE COUNTY >> In an effort similar to that of Grover Norquist and his no-tax pledge, the Emerald Unity Coalition has begun a Measure O compliance pledge campaign. Growers who sign purportedly agree to abide by the law, if adopted.
Measure O, or the Medical Marijuana Control Act, is one of two ballot measures regarding marijuana cultivation on the Nov. 4 ballot.
If approved, the initiative would repel Measure N, which passed with a majority vote of 51.6 percent yes and 48.4 percent no during the June 5 election. A total of 483 extra votes were in favor of the measure, which accounted for the additional 3.2 percent of approval.
“This pledge will help voters feel confident that regulation can work to mitigate the negative impacts of cultivation on the community,” Michael Horner stated. “Patients who take the pledge are committed to following the strict controls outlined in Measure O ? including plant count limits, environmental controls and nuisance abatement procedures.”
Measure O would allow residents to grow up to four plants on properties less than one acre in size, 12 plants on parcels between 1 and 5 acres in size and 48 plants on 5 acres or more.
Additionally, fences at least 6 feet high and locked gates plants would be required, as well as a setback of 600-feet from schools and 100 feet from bodies of water would be required.
Enforcement of Measure O would be the responsibility of the Medical Marijuana Enforcement Divisions (MMED), which would be formed under the county”s Community Development Department. The MMED would oversee and enforce compliance with the measure. To help fund the department and hire enforcement officers, collective cultivators growing more than 12 plants would be required register each year and pay up to $50 for each plant. According to Horner, “current law effectively bans cultivation, allowing collective cultivation on only 1 percent of rural land, which restricts patient access.”
Under Measure N, outdoor cultivation of medicinal marijuana is allowed. However, cultivation cannot be done within community growth boundaries and cannot exceed six mature plants, or 12 immature plants, on a parcels larger than one acre. Outdoor cultivation is prohibited on parcels smaller than one acre.
Collectives are allowed to cultivate up to 48 mature plants or 72 immature plants, provided all members are county residents and the parcel is at least 20 acres and zoned for agriculture.
As for indoor cultivation of medicinal marijuana, cultivation cannot occupy more than 100-square-feet or use more than 1,200 watts of electricity.
If non-compliant cultivation is found, the measure states that the plants can be subject to a “summary abatement” notice, requiring the occupant to “abate the unlawful marijuana cultivation within five business days after the date that said notice is deemed served.” An appeal of the abatement can be submitted to the BOS within those five business days.
Contact J. W. Burch, IV at 900-2022.
