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US: Tulare County supervisors to weigh medical marijuana issues DAVID CASTELLON Visalia Times-Delta Sunday 06 May 2012 In addition, it'll vote on whether to oppose a California Assembly bill that could change how growing and distributing medical marijuana is regulated. AB 2312 was passed by the Assembly Committee on Public Safety last month but hasn't come up for a full vote. Its author, Tom Ammiano, D-San Francisco, states on his website that the bill would create "the first statewide regulatory framework for the medical cannabis industry in California." Among the provisions of the "Medical Marijuana Program Act" is establishing a registration system for commercial growers and distributors of medical marijuana and creating a Board of Medical Marijuana Enforcement under the state Department of Consumer Affairs to regulate those businesses. "The bill would preempt local laws regarding the regulation and control of medical marijuana and would prohibit a medical-marijuana facility," the bill states. But Debbie Vaughn, an administrative analyst for Tulare County, said the bill has flaws that includes not requiring noncommercial growers — people who grow medical marijuana just for themselves, in their own backyards -†to register. "In 2011, Tulare County had eight homicides related to medical marijuana, several of which occurred at private residences," states a draft copy of a letter opposing the bill prepared by the office of the county's chief administrative officer, Jean Rousseau. Rousseau couldn't be reached for comment Friday, but a CAO report to the supervisors states marijuana growing, distribution and use remain crimes under federal law, despite California's 1996 Compassionate Care Act, which allows marijuana use for medicinal purposes in the state. "Implementation of the act has been problematic for local governments due to the lack of clarity of the act in addressing many key points," stated the CAO's report. The letter is addressed to Assemblyman Felipe Fuentes, D-Sylmar, chairman of the Assembly Appropriations Committee. It states AB 2312 doesn't resolve "fundamental problems" between California's law and federal laws on medical marijuana. It goes on to say the bill would restrict law enforcement from expending any money in cooperation with federal authorities to enforce marijuana laws. "It is impractical to expect that this type of requirement can be met," states the CAO's report. The letter cites another provision of AB 2312 that cities or counties couldn't regulate registered, commercial medical-marijuana operations -†including restrictions on where they can be located -†if doing so would result in no dispensaries in areas with at least 50,000 residents. Tulare County's medical-marijuana ordinance requires that medical-marijuana gardens -†large or small -†and clubs that distribute the drugs to patients can operate only on land zoned for commercial use in the unincorporated county, not agricultural or residential zones. The CAO's report states that Ammiano's bill would restrict local government control and notes that the Medical Marijuana Enforcement Board would dictate security requirements for commercial operations, with no security requirements for home growers. The county's ordinance has security requirements, but some growers and users of medical marijuana have accused the supervisors of creating rules that are too costly and complicated to follow. Vaughn wouldn't comment on the reasoning behind the ordinances, except to say that, "Keeping the community safe is part of the reason you have code requirements." Also during their weekly meeting Tuesday, the supervisors will consider a request from the county Resource Management Agency to amend the county's code enforcement procedures on medical-marijuana growing. If approved, county officials would for the first time use administrative code enforcement proceedings that could lead to a series of penalties that include $100-a-day fines for each violation of the county's medical marijuana ordinance. And county officials say they could cite each plant at a grow site as an individual violation. In addition, Mike Spata, assistant director of planning for RMA, said his agency is asking the supervisors to approve streamlining the proceedings, so cases can be handled in a little more than 40 days, about a third of the time it would take using existing procedures. The changes are part of an effort by the county to make it harder for people to violate the medical-marijuana ordinance, but some people believe these efforts are hurting people with legitimate medical needs for marijuana to treat pain and other ailments. One of them is Tammy Murray, director and chief executive officer of the Compassionate Care Information Center in Goshen, which she describes as a "cannabis club" where people with medical-marijuana recommendations who can't or don't want to grow their medicine can get it. Murray said she has an agreement with 35 growers in Tulare County to supply cannabis to the club, and they're complying with the county's ordinance. Still, many of them are nervous about being treated as if they're criminals by federal and local law enforcement, as well as county officials. In fact, on Friday, Murray was notified that her group is getting evicted from its leased building after their landlord received a letter stating that federal authorities were aware of the activities there and warned the property could be seized if federal law is being violated there. Murray said she believes she had a good relationship with the Tulare County Sheriff's Department, but federal officials took notice of the club after three men robbed it of marijuana and money at gunpoint on April 18. Murray said she was in Washington, D.C., at the time, meeting with the staff of U.S. Sen. Dianne Feinstein, seeking support for legislation that would create an exception in federal drug laws so cannabis clubs can more easily operate in states that allow medicinal-marijuana use. She said nobody was hurt in the robbery, and she has since hired a security guard. Clubs that operate in legal, ethical manners are important, Murray said, because many people who suffer bad side effects from prescription medications or find them ineffective find they have fewer, if any, such problems using marijuana, said Murray, who uses marijuana to treat an anxiety disorder and pain. It also can be far less expensive than pills and other drugs, she said. "I do this to help people," Murray said, adding that her club supports a lot of people who follow the rules and shouldn't be targeted by authorities. And, it's in the county's interest to allow legally-authorized cannabis clubs, she said, as it keeps people who need medical marijuana from supporting the illegal drug trade to get it. http://www.visaliatimesdelta.com/article/20120507/NEWS01/205070317/Tulare-County-supervisors-weigh-medical-marijuana-issues
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