OFFICIALS FIND POT CULTIVATORS STILL UNSURE ABOUT CHICO ORDINANCE, OR
UNWILLING TO FOLLOW IT

CHICO -- It was apparent Wednesday that compliance with Chico's new
medical marijuana ordinance continues to be a problem, as police
called on six cultivators previously warned that their grows were too
big, and found that little had changed.

Five were in excess of the 50 square feet permitted in Chico under a
rule adopted in July. There is no limit to the number of plants that
may be grown, but officials said a garden that size might
realistically only handle two large plants, since the outstretched
branches of the plant are used to measure the plot.

Several grows inspected on Wednesday had plastic netting around them
in a mostly futile effort to keep the branches contained.

A sixth site reviewed Wednesday had already been harvested, but it was
clear from impressions in the dirt that it had far exceeded the
allowable size.

Police and code enforcement officers with the city are presently
taking a softer approach to enforcement, as they attempt to educate
medical pot growers about how the ordinance works.

At one site, a man had thinned his grow from 12 plants to about six or
seven, but was told it still didn't comply. He was given until the end
of the day to get the garden down to 50 square feet.

He agreed, even though the plants aren't quite ready for
harvest.

At two other sites checked Wednesday, cultivators were cited for
violating the ordinance, which is basically a land use issue.

Target team commander Dave Britt said the fine for the first citation
is $112. Each additional citation doubles the fine, and Britt said
code enforcement will check daily, issuing citations until the problem
is corrected.

Police said confusion over the allowable size of grows has come up
most often in talking with cultivators. Britt said he tells them to
picture a piece of four-by-eight-foot plywood, and add a foot to the
width and height.

Some growers have said they thought the ordinance meant a garden 50
feet square was allowed. Others said they thought six plants were
allowed per person with a medical marijuana card.

Four growers questioned Wednesday by the Enterprise-Record all said
the ordinance was too restrictive.

One man who was cited said 50 square feet was too small to cover his
medical marijuana needs as prescribed by a doctor, and the allowed
size should be two or three times bigger.

Another man said he'd like to see the ordinance modified to allow a
50-by-30- foot growing area able to accommodate 24 plants. He hopes it
will become more realistic as time goes on.

One man said he's been growing medical pot for eight years and
understands the need for an ordinance. He said he understands the
smell bothers some people, and out of respect for his neighbors
planted a variety that emits no odor as it grows.

Another said he believes regulating marijuana grows in the city makes
it safer for everyone.

At the request of police, none of the individuals are named, and the
locations of their properties are not identified.

The grows were brought to the attention of police by complaints from
neighbors, or by code enforcement officers who noticed other violations.

Under the current ordinance, cultivators of outdoor grows must screen
them from the street with fencing. Another ordinance, however,
restricts fencing in Chico to six feet, with two feet of lattice or
see-through material above that, which isn't tall enough to hide
plants that can reach 10 to 12 feet.

Code enforcement officer John Rollo said indoor grows are allowed
under the ordinance with a permit, but none have been applied for. He
said indoor grows are only granted if an outdoor grow isn't feasible.

Ten grows were inspected Wednesday, and three citations were issued.