SUPES NARROWLY APPROVE MARIJUANA ZIP TIE FEES

With a divided vote, the Mendocino County Board of Supervisors gave
tentative approval to the assignment of fees for Sheriff Tom Allman's
medical marijuana zip-tie program.

"This is just to introduce the ordinance, not adopt it," said Board
Chair and third District Supervisor John Pinches.

With 4th District Supervisor Kendall Smith and 5th District
Supervisor David Colfax dissenting, the board voted 3-2 to move
forward with the plan to charge $25 per zip tie, with a half-priced
rate for patients on Medi Cal and disabled veterans.

County Counsel Jeanine Nadel said although some language clean-up had
been added to the ordinance, more tweaking would have to be done to
the document to allow for such issues as cooperative grows among others.

"In the course of doing that we were doing some cleanup language and
as I said earlier over the weekend I did make some additional changes
in part because of changes recommended by the Mendocino Medical
Marijuana Advisory Board," she said. "Essentially, we made changes to
the findings and enforcement. We added a provision about eradication
costs. I still think it needs more work down the road. I really do
believe that we really need to take it back to committee after it is
approved. Keep in mind the zip tie fee is not a mandatory fee."

Allman said the program would allow for growers to "pay their fair
share" in addition standardizing enforcement of medical marijuana gardens.

"In summary, what we're trying to do is give a very clear opportunity
to people who are legitimate medical marijuana growers and give them
some comfort," he said. "This will speak for them in the same way a
prescription bottle speaks for itself."

During public comment, Pebbles Trippet said the program should be
tabled and sent to the Health and Human Services Agency and not the
Criminal Justice Committee.

"This is a health issue not a criminal issue," she said. "The
proposed revisions have had no public comment period and no comment
from people who are most affected."

Richard Johnson said that unless marijuana was legalized, nothing the
board did with the ordinance would be of any real consequence.

"The current laws are so confusing nobody knows exactly where the
limits are," he said.

Allman said the program would seek to cut down on the level of
bewilderment of those looking to comply with the law.

"The citizenry are looking for clarification," he said. "I'm looking
for clarification. Hopefully we will get more education out there
where people will be in voluntary compliance."

Colfax said that he was vehemently against the program as it would be
ineffectual rendered ineffectual by its non-mandatory language and
the lack of legalization from the federal level.

"I find this whole discussion of marijuana very painful at the same
time very ludicrous," he said. "I don't know what is accomplished by
a voluntary ordinance. What's our standard of compliance here and
what do we learn in the process?...I don't see that putting a zip tie
on one of zip plants achieves anything more than saying I love you
sheriff' or I love you board of supervisors.'...Legalize it and we're
home free. This document is simply not defensible."

McCowen said the now-defunct Measure G, which among other things made
marijuana the lowest priority for law enforcement, was declared
unconstitutional.

"We are fooling ourselves if we think we can make marijuana legal in
Mendocino County and not suffer major consequences," he said. "In the
meantime, we're left with stop-gap measures such as what we're
dealing with here. I think this is an appropriate attempt to regulate
it in a reasonable manner. I think it's a step towards legitimatization."

Allman said large-scale commercial growers would continue to be at
the top of the list for his department.

"Law enforcement is not looking to eradicate marijuana from people
who are on the edge," he said. "We are looking for people who are
grossly misusing the privilege set forth by Proposition 215. We are
focusing on the large commercial grows. We will continue to go after
in-your-face growers. We're put in a situation where the public is
asking us for a response."

Smith said she was concerned that the ordinance had not been reviewed
in the required 12-month time period set for in the language of the
previously-passed document.

"We should have had an open public dialogue and review as per the
ordinance," she said. "It's about procedure. We should have had the
review in a timely period."

McCowen said he moved to change the name of the ordinance to
acknowledge the intent of the document was medical marijuana.

"Whereas the title says marijuana cultivation, the body refers
exclusively to medical marijuana," he said."

Pinches said he agreed that legalization was the ultimate answer, but
failing that was throwing his support behind the program.

"I look at it as a real protection for the medical marijuana
growers," he said. "Without the zip ties they're susceptible to
loosing their medicine and being subject to criminal prosecution.
I've been wrangling with this issue since 1995 and the sheriff on his
own came up with an innovative ideaSI think we ought to at least give
it a chance."

After the change was approved, Allman said his office would be
working with the county's public health department to make the zip
ties available "within two weeks."

The ordinance will also allow for the sheriff's office to charge for
marijuana eradication and will return for final adoption on May 5.

Discussion of fees related to response to false alarms and coroner's
fees will be continued to Tuesday.