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The
Humboldt County Medical Marijuana Task Force, appointed by the
Board of Supervisors in January to make recommendations to the
board provided for in California bill SB420,
had its final meeting on June 7, 2004.
A
subcommittee that met late last month could not come to an agreement
on quantities a patient may grow and possess, starting from divergent
proposals between 6 mature or 12 immature plants and 8 oz. (from
law enforcement) and 200 square feet and 6 lbs. (based on the
amount the federal government provides patients in a research
program). Supervisor Woolley brought the discussion back to the
ordinance
still on the table before the board as introduced by Supervisor
Rodoni last December. It was decided by majority vote of the task
force to recommend the board enact county prosecutorial guidelines
for medical marijuana of 3 lbs. dried marijuana and 100 square
feet of mature female cannabis plants.
Steven
Butler of HSU was quick to point out that this ordinance would
not affect cities within the county, or the CHP, and tried to
say it would only affect people with ID cards. He was rebutted
by caregiver Eric Heimstadt, who said he thought some of the cities
would enact the county guidelines, and by Dr. Ken Miller, who
stated that the ID card is voluntary. The Humboldt public health
department voluntary ID card system will remain in place.
Neither
representative from law enforcement or probation was present at
the June 7 meeting, but Chief Ken Thraikill of Trinidad sent an
email to the group saying he thought law enforcement concerns
would be represented by Supervisor Woolley, who had attended a
subcommittee meeting on May 28. The labor commissioner, HSU representative,
and the school district representative were present, along with
patient and caregiver advocates and Supervisors Woolley and Rodoni.
Heimstadt expressed frustration at not getting a countywide agreement,
saying he was willing to compromise down to 2 lbs. and had raised
this figure at the subcommittee meeting, but that law enforcement
wouldn't budge from SB420 minimum guidelines. He pointed out that
law enforcement claimed to be increasing their limits to SB420
guidelines, but in fact under former DA Terry Farmer patients
had been allowed 10 plants and 2 lbs. He also said that law enforcement
expressed reluctance about carrying tape measures so they could
quantify plant canopies in the field.
A
last-minute attempt by school official John Sapper to re-introduce
a 2-lb guideline was countered by patient Rhonda Olson who pointed
out that the chart Sapper was using to say 98% of patients only
needed 2 lbs. was based on cannabis with 21% THC. Since Humboldt
county marijuana was determined to have an average THC content
of 10%, 4 lbs would be needed by Sapper's chart, so we quickly
went back to 3 lbs.
Language
presented by the schools subcommittee was re-examined, and a section
re-iterating SB420's statements that insurance companies are not
required to pay medical marijuana claims was struck from the recommendations.
Four of the five amendments schools asked for were approved, including
provisions allowing medical marijuana regulation on university,
tribal, and federal grounds was sent to the board.
Advocates
tried to introduce language asking for a citizen review panel
to hear complaints of medical cannabis seizures, arguing that
this would help protect the county against liability. Supervisor
Woolley recommended introducing this idea as a resolution, which
would offer more flexibility, and pledged to bring such a resolution
forward.
Supervisor
Woolley said he will take the task force recommendations to county
counsel and set it for the Supervisor's agenda on July 13. Safe
Access Now is calling for patients to show up at the hearing,
since rumor has it law enforcement and schools will (once again)
be present and airing concerns, despite their participation in
the task force.
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