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Home News Latest Lake County Planning Commission to consider new medical marijuana cultivation ordinance

Lake County Planning Commission to consider new medical marijuana cultivation ordinance

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LAKEPORT, Calif. – The Lake County Planning Commission this week will hold a public hearing on a draft ordinance that would institute permanent regulations on the growing of medical marijuana.

The meeting will begin at 9 a.m. Thursday, Nov. 14, in the Board of Supervisors chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.

At 9:05 a.m. the commission will hold a public hearing on the Clearlake Oaks County Water District's proposal to install a ground mount photovoltaic array at their wastewater treatment facility at 13705 Jensen Road. before taking up the marijuana cultivation ordinance at 9:15 a.m.

The 26-page proposed ordinance, which can be seen below, would institute permanent medical marijuana cultivation regulations in the unincorporated areas of the county, replacing a temporary ordinance that the Board of Supervisors approved in August 2012 and which remains in effect until next summer.

The new document quotes local law enforcement officials as reporting that marijuana cultivation in the county “has been increasing significantly with each growing season and is increasingly occurring in residential areas, in close proximity to residences, and on vacant, unsupervised and unsecured properties. During the last two years, Lake County has experienced a dramatic increase in citizen complaints regarding the odor, threats to public safety and other nuisances that unregulated Cultivation sites can create.”

The proposed guidelines seek to put new limits on where marijuana can be grown based on concerns about an increase in crimes associated with the plan, and impacts on neighbors – due to increased risk of crimes including burglary, trespassing, robbery and armed robbery – and the environment.

“Law enforcement officials have reported an increase in calls from reported respiratory problems and allergic reactions to marijuana plants,” according to the document, which also points to the lack of regulations on pesticides and fungicides because state law doesn't consider marijuana an agricultural crop.

The current temporary regulations allow for a maximum of six plants to be grown outdoors on a half acre or less, 12 plants with a 75-foot setback on parcels of half an acre to one acre, 18 plants and a 150-foot setback on parcels one to five acres in size, 36 plants and a minimum 150 foot setback on five- to 40-acre parcels, and a maximum of 48 plants on parcels 40 acres and larger. It also expressly prohibits grows on vacant parcels.

The new guidelines would continue to prohibit grows on vacant parcels. It would go further, prohibiting outdoor cultivation altogether within community growth boundaries, including not allowing for the use of greenhouses.

To find the community growth boundaries, visit http://www.co.lake.ca.us/Government/Directory/Community_Development/documents/2008FinGP.htm?PageMode=Print .

In addition, it would limit indoor cultivation to 100 square feet, with indoor lightning not to exceed 1,200 watts and to adhere to electrical codes.

Parcels larger than one acre located outside of community growth boundaries – whether cultivation is taking place outdoors or within greenhouses – cannot exceed six mature or 12 immature plants, “regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation.”

However, medical marijuana collectives comprised of members who are all Lake County residents can cultivate up to 48 mature or 72 immature plants on minimum 20-acre parcels in an agricultural zoning district. The land must include the primary residence of at least one of the people for whom the marijuana is being grown.

In those cases where outdoor cultivation is allowed, the grows must be completely screened from public view and the views of adjacent parcels with a fully enclosed solid fence between 6 and 8 feet in height, with locked gates. Outdoor cultivation can't occur within 75 feet of any property line or within 150 feet of any off-site residence.

If such an agricultural property is rented or leased, the tenants must have written approval from the property owner, including the owner's notarized signature, allowing the tenant or lessee to cultivate medical marijuana at the site. A copy of the written approval shall be maintained by the tenant or lessee and made available for review by enforcement officials upon request, and those written approvals shall be renewed annually.

Other rules included in the draft document prohibit outdoor cultivation within 1,000 feet of any public or private elementary, middle or high school, developed park containing playground equipment, drug or alcohol rehabilitation facility, child care facility or nursery school, church or youth-oriented facility.

The new rules would prevent outdoor cultivation within 50 feet of any spring, top of the bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool.

The document states that the primary responsibility for enforcement of the ordinance will fall to the sheriff and sworn officers of the Lake County Sheriff's Office. “All other county officials with authority to enforce the County Code shall also have the authority to enforce this ordinance.”

Violators charged with misdemeanors face a fine of $1,000 or by up to six months in jail, or both. If charged as infractions, fines will not exceed $100 on the first violation, $200 on the second violation within the first year and $500 for each additional violation within one year.

Administrative penalties for failure to abate nuisance grows range up to $1,000 per day, and would be imposed under an administrative process included in the proposed regulations.

Email Elizabeth Larson at [email protected] . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

111413 Lake County Planning Commission - Proposed ordinance regarding marijuana cultivation.pdf

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Civil rights
What
written by a guest, November 13, 2013
Lake county's medical club was raided in clearlake .


So let me get this right the sheriffs department says you can't growing enuf for yourself and you cant by it from a club.


This is a clear violation of patient right the ACLU needs to hear about this.

Please call the ACLU and your local senator and congressman.

This is a clear attempt by the Lake County Sheriff to eradicate medical patients supply and to force them to die from their illnesses.
Rex
Greg,
written by a guest, November 12, 2013
I wouldn't want to see BigAg &BigBro take over the weed. $10 a pack would be $25, maybe $40, by the time Mr. Taxman was done shaking smokers down. Look at cigarettes ($6/pack and no sign of slowing down), and alcohol: Those drugs already have government addicted (to our money...). People should grow their own vegetables. The advantages are manifold: fresher, hence tastier; you can choose whether or not you ingest chemicals (you could use healthy alternatives to what commercial growers do)...); growing your own is less expensive than supermarket varieties (in most water districts); and you get the pleasure (and discipline) of watching it grow and caring for it. Grow grapes: make wine. Grow tomatoes: make sauce, etc, etc. Grow your own medicine and ingest it in good health. It's a small way of asserting independence. The Government (now run by Corporate Interest) shouldn't be all up in your backyard anyway. That bit about "...life, liberty, the pursuit of happiness...", well, that ought to apply to all of us, no matter what our gardens grow.
guest of guest
Really....?
written by guest of guest, November 12, 2013
California 215
written by a guest, November 12, 2013

The California state constitution clearly states that medical marijuana patients and caregivers who are going up to 30 Platz can not be jailed for the garden no matter what. Like county cannot change the California state constitution through a county ordinance. County ordinance violations are not crimes. are not crimes.. If the county thinks that they're going to jail caregivers they are very very wrong...
If the county things it can make up its own laws and enforce them through seraction I will put a writ of mandate to the court requiring them to follow state law . The county courthouse is a state courthouse and must follow state laws. The sheriff can be forced to stop eradicating people marijuana and the county will be sued over this issue.

I asked the Board of Supervisors and the sheriff do you want to waste our money fighting this and "in court or do you want to get the tweakers shooting at people and the gang members out of our county. Everybody must unite and show up at this meeting and let them know Itheir Constitutional caregiving rights for our family members and for our friends who cannot grow marijuana themselves because they are deathly ill.

The Board of Supervisors is a bunch of morons for not knowing the law and at risk of this lawsuit. I If you listen to the sheriffs version of your constitutional rights you do not have a right to remain silent and he can finger you in his car. When the ordinance gets thrown out it will take two years to write another one.

Tonight use of illegal emergency ordinance regulations would be a shame stopped around medical marijuana allow patients to grow the needed marijuana no matter how rich they are. This is the rich man's law 40 acres of you cannot grow your medicine. It is the opposite of Obamacare it's the Rich mans law.


Did you forget that Marijuana is a Federally illegal drug...where even if it is called "medical cannabis" the federal law still has priority.....Thank you B.O.S. for helping to find ways to make our county safe and free from all these jackasses who can't go out and get a real job. All these people who "need" to grow and harvest massive amounts of marijuana for "medical" reasons....give me a break. If you believe that all the marijuana grown by others, for those who can't grow it themselves, actually goes to those who need it, then you are ignorant. It goes on the streets and the money into the pockets of criminals....I thnk it's time the real supporters of Lake County take it back to the beautiful, safe, family oriented place it used to be....out of the grasp of slimy criminals who know nothing of nor care about the traditions and history of this place

Greg_Cornish
Europe and the food supply
written by Greg_Cornish, November 12, 2013
Sure, completely go off topic and try to change the course of the argument. Afraid to talk about illegal growers? Been outlawed in Europe? Why should I be impressed?

French 2013 Grape Harvest
truth1318
re greg c so what!
written by truth1318, November 12, 2013
so what huh. all of these chemicals have been outlawed for years in europe and asia and most other industrialized countries. but i love how whenever you make yourself look like a dumba#@ you jump straight to saying stupid crap about what people are doing at home. if you took half the time to research the dumb sh#t you say, you probably wouldn't have such a shallow mentality! it is used all over the u.s., thats my point smart guy, only in this country can the ag buisness thrive, when they're poisoning all of us. but you want to say fertilizer is fertilizer, you can't be serious, organic is labeled that way for a reason. organic nutrients contain all natural ingredients
like bone meal, blood meal, worm castings, ect. all of which have been shown to aid in soil fertility. healthy soil breeds healthy plants, chemicals like the ones you say so what about only do two things destroy the soil for generations, and give people things like cancer. wake up dude!
Greg_Cornish
So what
written by Greg_Cornish, November 12, 2013
So its approved in Lake County. It's probably approved all across the United States. You're probably sitting at home with your feet up watching Rosanne reruns while this is being sprayed miles from you if its sprayed at all. It's very benign and used much less compared to many farm chemicals in other areas. Grapes are about the least harmful Ag product around.

I doubt marijuana is very harmful if grown by environmentally minded professionals, but looking at the busts in the county, I haven't see many of those. These folks want free reign to do what grape and pear growers have to run gauntlets to do.
truth1318
re greg
written by truth1318, November 12, 2013
glad to see your awake! here is some info for you, oh i forgot you think you know everything already. these are approved for use in lake county.
ancozeb is marketed by the trade names Dithane, Manzeb, Nemispot, and
Manzane. It is used to protect many fruit, nut, and field crops from a wide
spectrum of fungal diseases.

Toxicity to Humans

Mancozeb is a cholinesterase inhibitor and can therefore have affects to the
nervous system. Symptoms of exposure include fatigue, headache, blurred
vision, and nausea. At high doses exposed persons can have convulsions,
slurred speech, confusion, and slowed heartbeat. In lower doses, mancozeb can
also cause a skin rash if the chemical has contact with the skin. In one study, a
vineyard worker developed a rash on the forearm as well as inflammation of the
eyelids after handling seedlings, which had been treated with mancozeb.
1

A major toxicological concern with respect to mancozeb and other
dithiocarbamates is its primary metabolite, ethylenethiourea (ETU), shown to
cause thyroid and carcinogenic effects in test animals. Mancozeb is listed as a
chemical known by the State of California to cause cancer in humans. Many
studies dating back to 1980 show that mancozeb can cross the placental barrier
and induce or increase tumor incidence. A recent study shows that mancozeb
and its metabolites are capable of crossing the placental barrier and can produce
DNA damage and initiate tumors in fetal cells.
if you ever left your house you would see the workers spraying this garbage for all of us to breath, including you, they spray at least twice a year.
Greg_Cornish
Not so fast.
written by Greg_Cornish, November 12, 2013
yes the public does have a say but, how many times has the public disagreed with b.o.s and they did what they wanted anyways? the problem with this county is the people supposedly running things don't give a crap about the public or what is best for the county. they only care about money and doing favors for their buddies in the wine industry. don't grow weed on a slope because the organic fertilzer might leach into the lake. but just check out where the grapes are allowed to be grown, anywhere and everywhere right up to the shores of the lake and right up to edge of roads. and these a-holes have to wear hazmat suits when they are spraying cancer causing pestisides and herbisides, have you ever seen any mj farmer having to wear a hazmat suit in their garden? eveyone who can needs to attend this meeting and tell these p.o.s what we all think about them. and whoever was putting together the recall of mr. brown need to start it back up again and add all the rest of them to the list, get them out of there and get people who actually care about this county to step up and take over. support revolution!


The public does have a say and did have a say. Remember Measure D? It was written by Marijuana growers trying to pass legislation in their favor. It was defeated 64% to 36%. The BOS heard that opinion loud and clear and now legislation is coming forth supporting that large majority. don't confuse "what you want" from the BOS with "what the Public wants."

Fertilizer is fertilizer is Fertilizer, no matter if its organic or not. The same chemicals run down hill.

Grapes are rarely fertilized. You're slinging Sh*t at the wall hoping it sticks again trying to get the public worked up. Grapes are for the most part, insect resistant and don't require much water at all or much fertilizer if any. Grapes are extremely drought resistant. In all my years of living in the wine country, I have nor once seen anyone spraying in a Hazmat Suit. Readers in Lake County. ask yourselves, have you ever seen anyone spraying a vineyard in a Hazmat Suit?

Of course no-one has seen a MJ grower in a Hazmat suit. Who can see through a board fence?

Recall Brown. LOL Yeh, right. Beat the bushes for six months again for another 90 signatures.
Yeah, come out in force to the BOS meeting again. Buy some more protesters from the Bay Area.

I'm sleeping in. They've got this covered.

Trust me, this ordinance is far from its final form. It'll be a lot more lenient by the time its signed.

Everyone would be much better off pushing for total legalization and growing done by licensed growers away from population centers. $10 a pack, no need for prescription/recommendation. Have fun, smoke your brains out - no related crime.



truth1318
one more thing
written by truth1318, November 12, 2013
one of the previous posters said this was a plan cooked up by rick coel. this is the same a-hole that approved the destruction and desacration of rattlesnake island and the elem tribes burial grounds so that one of his yuppie bay area buddies could go in and build his mansion on top of the burial grounds. when is everyone gonna get sick and tired of these people destroying our lands and taking lands from indian tribes that have been here for thousands of years before we ever got here? am i the only one who can't take this s#@t anymore?
truth1318
yes we do but!
written by truth1318, November 12, 2013
yes the public does have a say but, how many times has the public disagreed with b.o.s and they did what they wanted anyways? the problem with this county is the people supposedly running things don't give a crap about the public or what is best for the county. they only care about money and doing favors for their buddies in the wine industry. don't grow weed on a slope because the organic fertilzer might leach into the lake. but just check out where the grapes are allowed to be grown, anywhere and everywhere right up to the shores of the lake and right up to edge of roads. and these a-holes have to wear hazmat suits when they are spraying cancer causing pestisides and herbisides, have you ever seen any mj farmer having to wear a hazmat suit in their garden? eveyone who can needs to attend this meeting and tell these p.o.s what we all think about them. and whoever was putting together the recall of mr. brown need to start it back up again and add all the rest of them to the list, get them out of there and get people who actually care about this county to step up and take over. support revolution!
the law show
This ordinance...
written by a guest, November 12, 2013
At this point, the ordinance is a proposal cooked up by Rick Coel and presented for discussion by the Planning Commission. After Thursday's meeting, it will make it's way to a Supervisor's vote with what ever changes the Planning Commission has made (if any.) The Supervisors have the final say.

Both bodies (Planning and Supes) need to hear from the public very clearly about the effects of this extreme (and quite possibly illegal) set of rules.
The public still has a say in this.
Civil rights
California 215
written by a guest, November 12, 2013
The California state constitution clearly states that medical marijuana patients and caregivers who are going up to 30 Platz can not be jailed for the garden no matter what. Like county cannot change the California state constitution through a county ordinance. County ordinance violations are not crimes. are not crimes.. If the county thinks that they're going to jail caregivers they are very very wrong...
If the county things it can make up its own laws and enforce them through seraction I will put a writ of mandate to the court requiring them to follow state law . The county courthouse is a state courthouse and must follow state laws. The sheriff can be forced to stop eradicating people marijuana and the county will be sued over this issue.

I asked the Board of Supervisors and the sheriff do you want to waste our money fighting this and "in court or do you want to get the tweakers shooting at people and the gang members out of our county. Everybody must unite and show up at this meeting and let them know Itheir Constitutional caregiving rights for our family members and for our friends who cannot grow marijuana themselves because they are deathly ill.

The Board of Supervisors is a bunch of morons for not knowing the law and at risk of this lawsuit. I If you listen to the sheriffs version of your constitutional rights you do not have a right to remain silent and he can finger you in his car. When the ordinance gets thrown out it will take two years to write another one.

Tonight use of illegal emergency ordinance regulations would be a shame stopped around medical marijuana allow patients to grow the needed marijuana no matter how rich they are. This is the rich man's law 40 acres of you cannot grow your medicine. It is the opposite of Obamacare it's the Rich mans law.


Rex
That stinking meat
written by a guest, November 12, 2013
on your barbecue grill is giving me an 'allergic reaction'. And the stink of your diesel truck is killing me...While 'legal' polluters kill the whole planet, you complain about the 'bad' smell of MJ. Call the po-lice!

More excuses to have cops & 'code enforcement' violating your right to privacy AND medicine. And filling their sacks with your weed. Government and corporations already control enough of what we do. If I were a smoker, I'd be at the courthouse shouting.

Sorry, Opie, you can't go back to Mayberry.
truth1318
...
written by truth1318, November 12, 2013
this must be why the b.o.s. added 11 million dollars to the budget. i hope they're prepared for the hundreds of lawsuits that are sure to come.
Greg_Cornish
Waiting for the show to start
written by Greg_Cornish, November 12, 2013
Making lots of popcorn.

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