| On July 13, Humboldt county supervisors unanimously approved an
amended
ordinance setting prosecutorial guidelines for medical marijuana
at 3 lbs. dried marijuana and 100 square feet of cultivatable plant
canopy.
Supervisor Roger Rodoni, who had introduced the ordinance in
December, said further discussion on the matter would be "absurdly
redundant" and moved to amend and pass the ordinance on the table.
Supervisor Woolley seconded the motion and expressed his support,
saying he had "learned a lot" during the six-month task force
process. One county resident spoke against the ordinance and two
in favor, with two others advocating for other plans. Harriet
Gray, task force member, spoke in memory of her former partner
who had used marijuana for medicine. She pointed out that 74%
of Californians approve of medical marijuana and 61.4% of county
residents had voted against recalling DA Gallegos after he embraced
similar guidelines.
Supervisor Bonnie Neely, wife of former DA Terry Farmer, won
a round of applause when she said she would support the ordinance
after talking with law enforcement and school groups. Neely said
it was a problem when only one individual [presumably the DA]
had set guidelines, but now "we have achieved consensus." She
pointed out that law enforcement had compromised up from federal
law to SB420 guidelines, countering charges by activists that
they hadn't budged from SB420 minimums. Four out of five amendments
to the ordinance requested by the schools were adopted by the
board.
Supervisor Jimmy Smith expressed "reluctant support" for the
ordinance, particularly provisions that require law enforcement
to compensate patients for medical marijuana they seize. County
counsel Tamara Falor responded that the ordinance was advisory
and that "anyone could sue anyone over anything" at any time anyway.
When asked what would happen if an ordinance was not passed, Falor
responded that the DA's guidelines would hold, and that another
level of discretion was the sheriffs in the field. State law was
another layer, she said, adding that ordinances can be reviewed
at any time and the state law itself was subject to challenge.
Smith said he had heard from Health and Human Services, juvenile
justice, drug court, and foster care and there was "deep concern."
"Not everyone is happy with three pounds," he said, adding that
some had hoped for a compromise between that figure and the SB420
guidelines. Woolley responded that lower limits make the law more
unworkable and cause more risk. He noted that a law on the governor's
desk (SB1494) could change the picture and necessitate more oversight.
The audience broke into applause a second time after the ordinance
and its amendments were unanimously approved by voice vote. Supervisor
Geist returned to the chamber just after the vote, and expressed
surprise that it had taken place in her absence. The item will
be on the consent agenda on August 17, when it will take full
effect. Sheriff Philp has stated he has continued to enforce the
Gallegos guidelines pending the ordinance's approval.
OPED:
Proposed
medical pot guidelines fair, merciful
|