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Humboldt County Supervisors Approve Medical Marijuana Ordinance

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


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