MENDOCINO SUPERVISORS ALLOW EXPANSION OF MARIJUANA FARMS

Mendocino County supervisors on Tuesday narrowly voted to quadruple
the number of medical marijuana plants that can be grown legally on a
parcel of land, but only with a permit that requires law enforcement scrutiny.

The ordinance amendment, which allows up to 99 plants per parcel if
growers apply for a variance to the county's 25 plant limit, split
both the Board of Supervisors and medical marijuana advocates.

"What you guys have come up with here is excellent," said Matthew
Cohen, executive director of Northstone Organics Cooperative, a Ukiah
medical marijuana cooperative.

Other marijuana advocates view the entire ordinance as an illegal and
inappropriate infringement on patients' rights to grow marijuana.

"I can't think of any other agricultural commodity regulated by
nuisance laws," said Dale Gieringer, of the National Organization for
the Reform of Marijuana Laws. He noted the county's ordinance has
been threatened with litigation.

The amendment was designed to consider the needs of cooperatives that
serve people who can't grow their own pot. Individuals continue to be
limited to 12 immature or six mature plants. The ordinance also
addresses where and how pot can be grown in an effort to reduce odor,
noise and other nuisances that can accompany cultivation.

Supervisor David Colfax, who voted no, called the ordinance an
exercise in futility because state law remains in flux and federal
law does not recognize marijuana as a legitimate medical use.

The ordinance "is trying to make sense of an insane situation," he said.

Having law enforcement oversee marijuana-growing permits is a waste
of county money and resources at a time when the county is
considering laying off 100 people to deal with a $7.6 million budget
deficit, said Supervisor John Pinches, the other no vote.

"We're taking money from other services to basically prop up the
price of marijuana," he said.

Cohen, however, contended increasing the number of plants will
benefit the county's economy.

"It will generate tax-paying jobs," he said.

But upping the plant limit also is likely to attract more marijuana
growers to the county and more home invasion-type robberies, said
Sheriff Tom Allman.

A majority of the people who spoke Tuesday opposed the ordinance in
general. But supervisors Kendall Smith and John McCowen -- who helped
draft the amendment -- said most people on both sides of the medical
marijuana issue who participated in meetings on the ordinance favored
the amendment as a good compromise on a work in progress.

"It's the best we have to offer at this time," Smith said.

McCowen said he doubted many people would be applying for permits to
exceed the limit, given the scrutiny they would be required to undergo.

And those who do apply are unlikely to be the people who are causing
problems that the ordinance was designed to address.

Two supervisor candidates attending the hearing also were split.

Dan Hamburg, a former congressman and supervisor, said the ordinance
requirements are too restrictive.

"I can't support them," he said.

Wendy Roberts, a Mendocino business consultant, said the ordinance is
not perfect but appears to balance the needs of the growers with
those of their neighbors.

Those opposed "would like no restrictions on their behavior," she said.

Both candidates believe the ultimate solution is legalizing all uses
of marijuana, regulating it and taxing it.