SUPES BEGIN TO DEAL WITH LOCAL POT GROWERS

May 18, 2010 -- After determining a new marijuana garden near
Johnstonville School and reported new marijuana dispensaries on
Johnstonville Road and on Main Street in Janesville pose "a current
and immediate threat to public health, safety and welfare," the
Lassen County Board of Supervisors unanimously approved two
emergency ordinances that impose a 45-day moratorium on the
establishment of medical marijuana dispensaries and/or cultivation
of medical marijuana in the unincorporated areas of the county.

Each of the ordinances was "declared an urgency measure for the
immediate protection and preservation of the public peace, health,
safety and welfare."

The board approved the emergency ordinances at a special evening
study session held at 5 p.m. on Tuesday, May 11 at Jensen Hall on
the Lassen County Fairgrounds in Susanville. An estimated 200 county
residents attended the meeting and for nearly two hours expressed a
variety of opinions -- both pro and con -- on the controversy.

The board also directed staff to review potential regulatory
procedures and policies regarding the appropriate zoning of
marijuana dispensaries and marijuana gardens in Lassen County. The
board must hold a public hearing to extend the moratoria beyond 45
days for a period of up to 10 months. The board also could approve
a second 10-month extension, but the emergency ordinances may not be
in effect longer than two years.

The purpose of the new ordinances is to give county staff time to
review how other counties in the state are dealing with the issue
and come up with recommendations for zoning ordinances that will
work in Lassen County and regulate the locations where
medical marijuana may be cultivated and distributed.

According to the report from county staff, "medical marijuana
dispensaries and cultivation are not defined in Lassen County Code
Title 18 (Ordinance 467) and are therefore not allowed by right or
by use permit in Lassen County."

County staff said the matter was a zoning and land use issue and not
a prohibition of medical marijuana use, which is permitted under
California state law with a recommendation from a physician. The
staff said the new ordinances were necessary to remove any ambiguity
in the county code and ensure no marijuana gardens or dispensaries
can be grandfathered in as non-conforming uses once the zoning
questions are finally resolved.

According to the ordinance regulating marijuana dispensaries,
certain licensed health care facilities in Lassen County would not
be considered dispensaries, but those facilities do not provide
medical marijuana to their patients.

Medical marijuana dispensaries are "considered a prohibited use in
any zoning district of the unincorporated areas of the county of
Lassen. No permits or authorizations shall be approved or
issued for the establishment or operation of a medical marijuana
dispensary while this ordinance is in effect," the ordinance reads.

The ordinance prohibiting the cultivation of medical marijuana notes
the "unique geographic and climate conditions" in Lassen County
provide favorable locations for marijuana gardens.

According to the ordinance, adverse impacts reported by other public
entities include "disagreeable odors, increased risk of burglary and
other property crimes, acts of violence in connection with the
commission of such crimes or the occupants' attempts to prevent such crimes."

The ordinance also reported, "Whereas, the county of Lassen has not
adopted rules and regulations specifically applicable to medical
marijuana cultivation and the lack of such controls may lead to
increased medical marijuana cultivation and the inability to
regulate medical marijuana cultivation in manner that will protect
the general public, homes and businesses adjacent and near such
cultivations aE& it is necessary to suspend the establishment of
medical marijuana cultivation that may be in conflict with
the development standards and regulations of the county of Lassen ... "

A brief history

In 1996, California voters approved Proposition 215, entitled the
Compassionate Use Act of 1996. The intent of the act was to enable
persons who are in need of marijuana for medical purposes to obtain
and use it under limited, specific circumstances without being
subject to criminal prosecution.

On Jan. 1, 2004, Senate Bill 420, entitled the Medical Marijuana
Program, was codified to clarify the scope of the Compassionate Use Act.

A recent decision by the federal government relaxed enforcement of
the federal Controlled Substance Act for states that allow medical
marijuana. While medical marijuana is legal under California law, it
remains illegal under federal law.

County staff reported it has recently received several inquires
regarding the cultivation and distribution of medical marijuana in
Lassen County.

The county staff's response to these inquires has been that medical
marijuana cultivation and distribution are not allowed and "a zoning
amendment is required to permit medical marijuana dispensary and/or
cultivation" in Lassen County.