marijuana law changes sought

By BEN BROWN The Daily Journal

Article Last Updated: 08/13/2008 12:03:52 AM PDT

In the wake of a victory at the ballot box, the Yes on B Coalition petitioned the Mendocino County Board of Supervisors Tuesday to amend an existing ordinance to make nuisance charges against marijuana growers criminal matters rather than civil ones.

The existing ordinance declares anyone growing more than 25 marijuana plants a public nuisance, as well as any cultivation within 1,000 feet of a school. Prosecution is handled through civil action, either by neighbors or a code enforcement officer.

Speaking for the coalition, Ukiah resident Larry Puterbaugh asked the board to amend the ordinance to classify any marijuana that can be seen or scented from properties adjoining the grow a nuisance and make violations of the ordinance punishable as criminal misdemeanors.

"Public health and safety requires that marijuana should be grown only where others can't see it and can't smell it," he said.

The coalition was also asking the board to adopt an ordinance that would make it illegal to dispense diesel fuel into unsafe tanks. Puterbaugh said the diesel necessary to run generators at marijuana grows is leaking out of unsafe tanks and damaging the environment.
To pay for the enforcement of these new ordinances, the coalition proposed a Medical marijuana Impact Fee, which would be levied against legitimate growers of medical marijuana on a per-plant basis and would require that all medical marijuana plants be tagged with a numbered zip-tie. Failure to purchase zip-ties would be treated as a violation under the ordinance.

Jeanette Bouge said making the visibility of legitimate medical marijuana a crime is absurd because it doesn't take into account basic facts. Bouge said she grows medical marijuana behind her home in a greenhouse behind a fence but noted that both of her neighbors have two-story houses and would be able to see over her fence from the second floor of their homes regardless of where the garden is planted.

"They want to make me a criminal," she said.

Bouge said the proposal would force medical marijuana patients to participate in the medical marijuana identification card and zip-tie programs, both of which are currently voluntary.

"They want to punish the patients, and that's not right," Bouge said.
Bouge also said the civil procedure ordinance has only been in effect for a short time, and it is not known how many people have been cited under the existing ordinance or how many voluntarily complied after being spoken to.

Following public comment, the board discussed what direction to take with the information. Third District Supervisor John Pinches said he was discouraged to see the county focusing on gardens between six and 25 plants when there are 10,000 plant gardens in the county.

Fifth District Supervisor David Colfax agreed and said the measure was representative of a "proto-vigilante attitude."
Board Chairman Jim Wattenburger said he would bring up the issue on a later agenda for further discussion and the possible creation of a citizens advisory board.

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