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Humboldt County Medical Marijuana Task Force Sends Recommendations to Board of Supervisors

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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