Medical marijuana growing rules set

Glenn County's proposed guidelines for cultivating medical marijuana are a start, but don't have enough teeth.

That is the opinion expressed by Supervisor John Viegas on Tuesday during a public hearing on the ordinance.

"There are no misdemeanor charges," he said. "It is a civil matter and that worries me."

Planning Director John Linhart's draft ordinance calls for 300 to 1,000 foot setbacks from nearby properties, 6-foot fences around the garden and for ownership of the property by a medical marijuana patient who has a card issued by a physician.

However, Viegas said he has responded to complaints from constituents about having medical marijuana gardens near a daycare facility that is in the country on acreage — yet the garden is still too close to the property line.

He also has seen out-of-town people buying foreclosed properties and turning them into marijuana growing facilities, Viegas said.

Linhart said that is why the proposed ordinance requires the patient to own the property, so tenants cannot set up shop for something else.

The new ordinance also looks strictly at gardens for personal use by qualified individuals, he said. It prohibits commercial grows, dispensaries, cooperatives and collectives within the unincorporated areas of Glenn County.

Sheriff Larry Jones said he agrees with Viegas and would like to see real consequences at the misdemeanor level.

Jones could not say whether or not the District Attorney would prosecute such cases, he said, but "we need to have a hammer on these violations."

He added any flight over Northern California towns and farms reveals marijuana in backyards and near schools.

Glenn County's ordinance would prohibit the gardens from being near schools, churches and youth oriented facilities, Linhart said.

Regardless of the what the county does to regulate medical marijuana gardens, the plant is still illegal under federal law, Jones said.

Linhart also said the ordinance would need to be enforced by the sheriff at his discretion since the planning department did not intend to give code enforcement personnel a badge.

Jones agreed it would not be appropriate to send code enforcers to these residences.

"Many of these people are into more than marijuana and are paranoid about who comes on their property," the sheriff added.

He said a uniformed and trained deputy is needed to handle them.

If approved, the ordinance sets 300 foot setbacks on smaller home-sized lots and 1,000 foot setbacks for larger acreages, Linhart said.

It also allows for 100 square feet in which to cultivate medical marijuana plants or a 10-foot by 10-foot space, he said.

The board continued the hearing to Feb. 21 with the request a misdemeanor segment be added to the ordinance for its second reading.

In the meantime, Supervisor Leigh McDaniel said he would confer with supervisors in Butte County on what they are doing and study the issue.

He also asked about controlling marijuana odors and how many plants can be put in 100-square-foot space.

"We don't have any cannabis experts in the audience do we?" he asked.

Linhart said county planning commissioners suggested some strains are less odiferous than others based on conversations they've had with experts. But he still did not know.

The planning commission voted to send the ordinance to the board for its consideration.

Supervisor Dwight Foltz asked how many medical marijuana users were listed in Glenn County and was told by Health Services Director Scott Gruendl there were six at this time.

However, the state does not require all users to register with the county, Gruendl said, so there could be many more with ID cards issued by their doctors the county does not know exist.

Meanwhile, the Orland City Council approved its first reading of medical marijuana guidelines Monday night.

The city's law calls for 10-foot setbacks from neighboring properties where physically possible and for the garden to be enclosed and fenced among other criteria.

This is only for people with medical marijuana cards and for personal use, city officials said.

Orland also approved the first reading of a separate ordinance prohibiting dispensaries and collectives within the city limits.

These items also will come back to the Orland Council on Feb. 21.

Contact Rick Longley at 934-6800 or rlongley@tcnpress.com.�