Marijuana law canceled

After nearly three hours of comments from an estimated crowd of 250 residents from throughout the county, the Board of Supervisors voted 5-0 Tuesday to repeal the medical marijuana policy adopted by the board a year ago. That policy exceeded the state's minimum guidelines for possession and cultivation of marijuana for medical use.

The repeal means the county is returning by default to the state's minimum guidelines, at least until the California Supreme Court determines whether those are constitutional.

The policy adopted by the board in September 2007 allowed patients with a doctor's recommendation under California's Prop. 215 to possess up to three pounds of marijuana for medical use and cultivate up to 12 mature plants and 24 immature plants—well in excess of the state's minimum standards of eight ounces in possession, six mature plants, and 12 immature plants.

Tuesday's special meeting of the supervisors at Veterans Memorial Hall drew a huge crowd from which the majority of speakers urged the board to rescind the more lenient policy. They blamed it for an explosion in the number of marijuana gardens and a wave of crime in communities throughout the county, ranging from dangerous guard dogs running loose to shots fired by people protecting their gardens.

They argued that the policy, combined with an insufficient law enforcement presence, has resulted in growers moving to Trinity County from other places to buy cheap land they can grow their crop on to sell for profit.

Sheriff Lorrac Craig said the intent of the county's more liberal policy adopted by a 3- 2 vote of the board last year was to provide clear direction to law enforcement staff in light of the state's confusing marijuana laws, and to allow qualified medical patients a sufficient quantity to get through a year's growing cycle.

He said that judging by the number of gardens his deputies were aware of throughout the county this summer, "I think we were taken advantage of. It appears some, or many, of the medical growers were growing not only for themselves but others, and that was not our intent. I think our policy has failed."

It was his recommendation to rescind the policy and go back to the state guidelines established in AB 420 that in itself has been held unconstitutional in appellate court for attempting to set limits not originally authorized by voters in the passage of Prop. 215 in 1996. AB 420 is under review now by the State Supreme Court, which is not expected to make a fi- nal ruling until some time next year.

"The purpose here was to show compassion for those people that were medically qualified and we've been taken for a ride by a lot of them. Now we have an excess of product out there, but those who are truly trying to meet their needs we won't bother," Sheriff Craig said.

Supervisor Howard Freeman, who sponsored the policy last year, made the motion to repeal it Tuesday, saying, "We put a lot of faith in the goodwill of people to make it work and it has failed miserably. The vast majority who grow medicinal cannabis do so respectfully, but in the urban pockets, people aren't playing so nice and that's really disappointing."

He added that he remains a strong supporter of patients who need marijuana as medicine "and our work has just begun. I'd be shocked if anyone in this room doesn't want to protect children from the abuse of drugs and alcohol or care about the protection of our communities. We need to find a way to protect everyone's civil rights."

Supervisors Judy Pflueger and Wendy Reiss also reversed their votes of last year when they supported the county policy.

A supporter of medical marijuana, Pflueger said she believed the intent of the policy was to set guidelines that were enforceable without wasting the time of local law enforcement, "but I have to concur that it went awry and has drastically gone a different direction. It was never the intent to legalize growing any number of plants you want. I think we need to start planning on what could come after the decision of the state supreme court, but I do think we need to close our open door policy."

Reiss said she's had many discussions about the policy with her constituents in southern Trinity County since its passage a year ago, "and it breaks my heart to say so, but I've come to the conclusion that what we adopted last year ruined the fabric of the county from Hayfork south, and that was not my intent when I supported it last year."

The unanimous vote of the board to repeal the policy included direction to form a committee that will investigate potential land use and zoning options to address how and where medical marijuana gardens may be cultivated under state law without violating federal law that prohibits all marijuana use and cultivation. The committee will include Supervisors Reiss and Freeman as well as County Counsel Derek Cole, County Administrative Offi- cer Dero Forslund and Sheriff Craig.

Craig was directed to provide the board with a followup report in December on the status of the Prop. 215 gardens existing in the county that he believes number more than 100, and on the potential of other agencies to assist the county with enforcement against illegal growing operations.