MEDI-POT CULTIVATION ORDINANCE PASSES

Growers Will Have 30 Days Before Implementation

After three very long public hearings on the topic of
medical-marijuana cultivation, members of the Butte County Board of
Supervisors seemed tired. With the exception of Maureen Kirk, who
represents part of Chico, none of the supervisors had much to say at
their meeting Tuesday afternoon (May 24).

And when Kirk made a motion to tweak a few parts of the ordinance,
which has already been altered twice, her suggestions fell on deaf ears.

"I've really agonized about this a lot," she said. "I'm concerned
about implementation-if this passes as is, we need to delay
implementation to next year."

That, too, went ignored.

Ultimately, the ordinance passed as it had been presented to the
board. The gist is this: In unincorporated Butte County, on parcels
of land less than half an acre in size, no growing is allowed; from
.5 to 1.5 acres, six plants are allowed; 1.5-20 acres, 12 plants;
20-80 acres, 24 plants; 80-160 acres, 36 plants; and 160-plus acres,
99 plants. Anyone growing more than six plants will be required to
obtain a permit, costing $285, from the county.

The weather was gorgeous for Tuesday's final meeting on the subject,
held at the Butte County Fairgrounds in Gridley. More than 500 chairs
had been set up inside a covered area, and sheriff's deputies
directed traffic and stood watch over the crowd of 350-400. But this
meeting was calmer than the last one, in Chico's Elks Lodge. It was
clear both the time and place had kept some people away.

Those who did turn out spoke passionately both for and against the
growing of marijuana. Some argued that pot is a gateway drug and
allowing cultivation makes it easier for kids to obtain it. Others
questioned the reasoning behind banning growing on small lots
altogether. Yet others continued to threaten lawsuits and recalls.

"This ordinance doesn't regulate me; it denies me," said one man who
lives on less than half an acre, followed by a round of applause.

"I live on 1/32 of an acre. I grow one plant for my own use and for
my wife's use," said another. "Now you're telling me I can't do that?
You're an ass monkey!"

For the most part, however, aside from a few angry or animated
speakers, the crowd was respectful. The boos and interruptions of the
previous meetings were kept to a minimum, and no one had to be
ejected (though a few were warned).

While most of the speakers appeared to be growers, there were still a
few on the other side of the fence, so to speak, who discussed fears
about neighbors with gardens and the accessibility of their plants to
criminals and children in particular.

"The neighbors don't come to talk because they're afraid of what
might happen to them," one woman told the board.

"Marijuana is a drug. It can be easily abused," said Capt. Darren
Stratton from Chico's Salvation Army, for which he runs the rehab
facility. "It's a gateway drug, and it's the easiest to get on the streets."

Among the suggestions Kirk made at the end of the meeting was to
allow growing on small lots-those less than half an acre-inside a
greenhouse, as is allowed in the city of Biggs. This was an option
several speakers offered as a compromise to finding another place to grow.

"A lot of the people here seem willing to compromise, and that's a
positive sign," said Roger Frith, mayor of Biggs, who explained that
his city's ordinance, which allows outdoor grows only inside
greenhouse-like structures, has been working quite well.

Ultimately, Kirk voted to approve the ordinance, minus any
amendments. Supervisor Larry Wahl was the lone dissenter, once again
voting against the ordinance based on his belief that it goes against
federal law.

"This law doesn't solve the problem we have here in Butte County," he
said. (This came after County Counsel Bruce Alpert, in his short
introduction, clearly explained that "This is not preempted by
federal law. Some people think this type of regulation is not
legal-this would not be before the board if it were not legal.")

Supervisor Bill Connelly showed outward annoyance at his fellow
supervisor's stance. "I cannot believe you're going to hide behind a
law we do not enforce," he told Wahl.

The ordinance will go into effect 30 days after passage, on June 23
to be specific. Even those who have already planted their gardens
will be expected to comply. The board explained it would take another
look at the ordinance at the beginning of 2012 and consider changes
at that time. Opponents of the ordinance are working on a petition to
put the matter on the November ballot. Look for "Save Butte Growers
Rights" on Facebook for more info.