COMMITTEE TO SEND POT ORDINANCE TO BOARD

Health and Human Services Committee members John McCowen and Kendall
Smith agreed Monday their reworking of the county's medical marijuana
ordinance is ready to be sent to the full board of
supervisors.

McCowen said the draft revision of Chapter 9.31 will be sent to the
board sometime in January.

The ordinance tightens down some aspects of medical marijuana growing
as it loosens others.

Under the ordinance, the indoor growing of medical marijuana would be
limited to no more than 100 square feet, outdoor cultivation of
medical marijuana would "not subject residents of neighboring parcels
who are of normal sensitivity to objectionable odors," and lighting
for outdoor growing would not exceed 600 watts per 100 square feet of
growing area.

It reaffirms the legal number of medical marijuana plants would not
exceed 25 per parcel.

However, it also provides an exemption of up to 99 plants for
individuals or collectives that "possess a valid doctor's
recommendation stating...more than 25 plants is necessary to meet the
medical needs of the patient."

Under the draft ordinance, an exemption could be granted by the
sheriff's office after an application containing 22 separate elements
was submitted. Among those elements would be "proof of either a
physician recommendation that the amount to be cultivated is
consistent with the applicant's medical needs" or "a written
agreement that the applicant is authorized by one or more medical
marijuana dispensing collectives to produce medical marijuana for the
use of members of the...collective or collectives."

Another of the required documents is a statement the requested use
will not utilize water illegally diverted from any stream, creek or
river.

The final proposed element of the exemption application gives the
sheriff the right "to require in the permit application any other
information reasonably related to the application, including but not
limited to any information necessary to discover the truth of the
matters set forth in the application."

The committee on Monday added language to the ordinance that would
allow applicants to employ "third-party inspectors," screened and
approved by the sheriff's office, to affirm an applicant's statements
are true.

"We decided it was appropriate to revise 9.31, rather than to throw
it out entirely," McCowen explained at the beginning of the November
30 meeting. "This is not to say there might not be another way to do
this that would be appropriate and effective, but I think what's in
front of us is the best way to reduce the overall level of conflict
between people who grow medical marijuana and those who feel their
rights and safety are being compromised or endangered by that activity.

"The exemption provides an approach towards not legalization but at
least acceptance of what people are doing, provided it is done
responsibly," he said.

Independent newspaper publisher Richard Johnson said he endorsed the
draft ordinance.

"The sheriff and the county code enforcement officer have no right,
and no interest, to go on private property fishing for nuisances,"
Jonson said. "Nuisances are reported by neighbors because they have
impacts. If your marijuana is impacting your neighbors or the public,
it needs to be mitigated, and if not, abated, to reduce and eliminate
the kind of backlash we experienced with Measure B."

Larry Jensen, a Measure B supporter, criticized the committee for
"overturning the will of the electorate."

"This ordinance throws away Measure B," he said. "Larger grows are
going to be allowed. This language means if you can demonstrate you
are operating as a nonprofit, you will be allowed to grow up to 99
plants.

"The question is, how are you going to enforce that? How are you
going to make sure these doctors' recommendations are real and valid?"

Bruce Perlowin, chief executive officer of Medical Marijuana, Inc.,
praised the draft ordinance.

"You guys have drafted something that is tight and together. I don't
agree with everything in it, but there is a lot of good stuff in
this," he said. "The third-party stuff you have put together no one
anywhere has anything like this."