CITY RECONSIDERS POT BAN

Grow Rules Haven't Solved Problems

City attorney James Lance is looking into the legality of banning all
marijuana growing within city limits.

An alternative possibility discussed at the October 25 city council
meeting is a ban on growing by "caregivers," people authorized to
produce medical marijuana for others at the rate of six adult plants
per patient. The second alternative could leave medical marijuana
patients free to grow their own six plants each.

At issue are complaints from residents and council members - that the
existing city ordinance on marijuana growing, which confines the
activity to fully enclosed and secured structures, isn't preventing
strong odors and intoxicating resins from entering the air. Possible
violence associated with marijuana theft was also discussed.

"When I walk around town I'm overwhelmed by the strong smell," said
Councilwoman Karen Oslund. Oslund said the odor was strong even in the
playground at Blosser Lane Elementary School, where her son was taking
part in sports. When the child reported feeling dizzy, Oslund
concluded he had been affected by airborne resins.

Resident Laura McBride, who lives near a large enclosed marijuana
growing operation, also reports having been affected by resins. "I had
to redo my bookwork because there were so many mistakes," she said,
noting the problem occurs only at harvest season. "It takes me three
hours to do a one-hour job."

McBride said she and others also suffer from headaches and sinus
problems that intensify as the crop reaches maturity.

"People are considering moving," she said.

Resident Joyce Donaldson worried about "a home invasion that was meant
for three houses down."

"All we need is gangs from San Francisco with night goggles and
semi-automatics."

Councilman Ron Orenstein noted pot growers could be as violent as pot
thieves:

"People say this is no different than raising chickens (also legal
within city limits), but I bet the building inspector who goes to
investigate chicken operations doesn't need police
protection."

Resident Brenda Orenstein said a pot grower on a neighboring property
slept outside in a tent with a gun by his side and a guard dog that
"barked a lot."

"I couldn't have family or guests in the back yard during growing
season," she said. "My kids don't visit from the beginning of August
to the end of November. This is sad."

Brenda Orenstein also added new complaints to those previously stated:
the saturation of her own clothing with the odor of marijuana, making
her embarrassed to leave home; and the loss of the scent of roses and
lilacs.

Medical marijuana grower Joe Colleton, however, said he feels
perfectly safe everywhere in Willits and the smell of marijuana is no
more harmful than the wood smoke he regularly inhales from neighboring
chimneys. He added he has done everything possible to comply with the
existing ordinance, including installing a filter designed to reduce
emission of resins and odors.

Community Development Director Alan Falleri, who has taken on the
inspection of indoor grow operations, agreed Colleton has been
cooperative.

"I didn't feel threatened going to Joe Colleton's place," Falleri
said. "I wouldn't characterize all the medical marijuana growers out
there as not caring. Most people I've dealt with did try to comply."

Falleri said he has seen a marked decrease in marijuana growing this
year as compared to last, proof the existing ordinance is having an
effect. He added different people have different reactions to the
smell, depending on their own sensitivities and different varieties of
marijuana have more intense odors than others. Such factors as air
inversions and temperatures may also change odor levels, he said.

Council members discussed the kinds of structures that would comply
with definitions of "secure" and "fully enclosed." They concluded no
enclosure could eliminate emissions and theft attempts. Greenhouses
are hard to secure, given the flimsy materials often used in
construction. Grow spaces in general have openings to keep the crop
from rotting and doors to allow growers to enter and exit.

City Manager Ross Walker reported three formal complaints about indoor
marijuana grows in three different parts of the city this season.
Another one was recently communicated to a council member.

Walker said a single complaint is not enough to identify a grow
operation as an actionable nuisance.

"Petitions work," he said.

Existing regulations don't specify the number of complaints greater
than one, but less than a petition full, that would trigger city action.

Councilman Denny McEntire said fear of retribution silences those who
would otherwise complain.

Brenda Orenstein agreed, saying her car was sprayed with grafitti
after her husband, Ron Orenstein, helped to develop the first
marijuana control ordinance.

Also at issue was the flocks of homeless young people who drift into
town every harvest season, presumably looking for a share of the crop
or work in the pot fields.

"Since the medical marijuana thing our town has gone to hell," said
Jolene Carrillo. "Every year we have all these creepy people. They
sleep behind Safeway and Rays and go to the bathroom there. They go to
Our Daily Bread and eat the food poor people need."

No agreement was reached on how far a new ordinance would go in
reducing the drifter population.