SUPERVISORS PASS MEDICAL POT ORDINANCE

Eureka -- Humboldt County supervisors Tuesday approved a county
ordinance setting guidelines for medical marijuana. The ordinance
essentially mirrors District Attorney Paul Gallegos' prosecution
guidelines he introduced last year.

Patients can possess up to 3 pounds of processed buds per year, which
is the expected yield produced from growing only enough plants to fit
within a 100-square-foot area. The board's vote was 4-0. Chairwoman
Jill Geist was not present for the vote because she had a scheduled
meeting with the county grand jury.

The ordinance applies to patients and caregivers who live in the
county's unincorporated areas. Cities, tribes and schools can set
their own policies. Also the ordinance does not require employers to
allow patients to possess or use marijuana during work hours.

The board's decision, which came after months of having the ordinance
reviewed by a task force, brought applause from the 20 or so medical
marijuana patients and advocates who attended the meeting Tuesday.

"I think there's a certain amount of courage in what the board did,"
said Chris Conrad, a consultant with Safe Access Now.

Conrad said the fact that Humboldt County now has an ordinance
bolsters efforts by medical marijuana advocates around the state
working to get local governments to enact similar guidelines.

While mostly happy with Tuesday's decision, some medical pot advocates
said there are some issues they hope can be revisited in the future.
For instance, some patients say 3 pounds of medical marijuana buds per
year may not be an adequate amount, especially considering some
counties and cities allow up to 6 pounds.

Supervisor Jimmy Smith, who said he reluctantly supported the
ordinance, said he's concerned over a provision that states the county
should reimburse patients whose pot is seized by law enforcement
during an arrest. Smith said such a provision is troubling, given that
cities have differing policies regarding medical marijuana -- and he
worries the county could potentially be open to lawsuits.

Other issues include legal uncertainty over the validity of medical
marijuana, given the ongoing "flux" at the state and federal level, as
County Counsel Tamara Falor put it.

Supervisors Roger Rodoni and John Woolley, who initially brought
forward the ordinance late last year, said while the ordinance doesn't
address all the issues surrounding medical marijuana, they believe
it's time to give the ordinance a chance.

"This is a well-worn issue," Rodoni said. "I personally don't know how
much more we can talk about this without being absurdly redundant."

Woolley said the debate over medical marijuana is "a very difficult
issue loaded with different perspectives," and added the ordinance
could be reviewed in the future to see if there are ways to improve
it.

Sheriff Gary Philp said the ordinance really doesn't change anything
in regard to how law enforcement throughout the county handles medical
marijuana cases. Even if agencies in the cities have different
policies, the decision on what cases to prosecute will remain in the
hands of the district attorney.

"I can foresee issues with the various jurisdictions," Philp said.
"They'll have to work it out with the DA. That's just the way it goes."

The ordinance will go into effect in 30 days.