MARIJUANA LAW CHANGES SOUGHT

In the wake of a victory at the ballot box, the Yes on B Coalition
petitioned the Mendocino County Board of Supervisors Tuesday to amend
an existing ordinance to make nuisance charges against marijuana
growers criminal matters rather than civil ones.

The existing ordinance declares anyone growing more than 25 marijuana
plants a public nuisance, as well as any cultivation within 1,000 feet
of a school. Prosecution is handled through civil action, either by
neighbors or a code enforcement officer.

Speaking for the coalition, Ukiah resident Larry Puterbaugh asked the
board to amend the ordinance to classify any marijuana that can be
seen or scented from properties adjoining the grow a nuisance and make
violations of the ordinance punishable as criminal
misdemeanors.

"Public health and safety requires that marijuana should be grown only
where others can't see it and can't smell it," he said.

The coalition was also asking the board to adopt an ordinance that
would make it illegal to dispense diesel fuel into unsafe tanks.
Puterbaugh said the diesel necessary to run generators at marijuana
grows is leaking out of unsafe tanks and damaging the
environment.

To pay for the enforcement of these new ordinances, the coalition
proposed a Medical Marijuana Impact Fee, which would be levied against
legitimate growers of medical marijuana on a per-plant basis and would
require that all medical marijuana plants be tagged with a numbered
zip-tie. Failure to purchase zip-ties would be treated as a violation
under the ordinance.

Jeanette Bouge said making the visibility of legitimate medical
marijuana a crime is absurd because it doesn't take into account basic
facts. Bouge said she grows medical marijuana behind her home in a
greenhouse behind a fence but noted that both of her neighbors have
two-story houses and would be able to see over her fence from the
second floor of their homes regardless of where the garden is planted.

"They want to make me a criminal," she said.

Bouge said the proposal would force medical marijuana patients to
participate in the medical marijuana identification card and zip-tie
programs, both of which are currently voluntary.

"They want to punish the patients, and that's not right," Bouge
said.

Bouge also said the civil procedure ordinance has only been in effect
for a short time, and it is not known how many people have been cited
under the existing ordinance or how many voluntarily complied after
being spoken to.

Following public comment, the board discussed what direction to take
with the information. Third District Supervisor John Pinches said he
was discouraged to see the county focusing on gardens between six and
25 plants when there are 10,000 plant gardens in the county.

Fifth District Supervisor David Colfax agreed and said the measure was
representative of a "proto-vigilante attitude."

Board Chairman Jim Wattenburger said he would bring up the issue on a
later agenda for further discussion and the possible creation of a
citizens advisory board.