Medical Marijuana Ordinance - BoS Meeting

George Rebane

Tomorrow the Nevada County Board of Supervisors will meet to “Introduce/Waive further reading/Adopt An Urgency Ordinance adding Subsections … (long list of subsections) … of Article 5 of Chapter IV, of the Nevada County General Code, regarding Marijuana Cultivation Regulations. (4/5 affirmative vote required)”  The meeting will be held in the Rood Center and the BoS agenda calls for the MMJ ordinance part to start at 1:30PM.

The new ordinance is a complex affair that has been much discussed and described in these pages – most recently here.  The ordinance has two antecedents which have also garnered much controversy and form the prime input to the current ordinance scheduled for adoption.  To aid in sorting out the evolution of these ordinances, you can download a comparative analysis generated over the last few days by Jo Ann Rebane (the wife of my life).  It has been distributed to the interested BoS members and the principals on the pro/con side of the MMJ cultivation issue.   Download Marijuana Ordinance Study v3 2016 Aug 25

 

Comments

[Gail Kraus]

"A square enclosing one acre is approximately 69.57 yards, or 208 feet 9 inches (63.63 metres) on a side." (https://en.wikipedia.org/wiki/Acre)

So a 200 ft setback= approximately an acre. So on a six acre rectangle that one acre in from all property lines. leaving a 17 ft strip smack dag in the center of your parcel.
What if your property were a triangle, with security,property,and liberty
delineating the boundary? You could only grow in the eagle's eye.

[George Rebane]

A reader unaware of this post mistakenly entered his comment under the previous 'townhall' commentary of more than a week ago. It contains another comparative analysis featuring the most recent ordinance proposals from the various groups. Here it is -

FYI A comparative analysis of the proposals of the five groups tasked with compromising on an interim ordinance are linked here. Shortly thereafter, a unified recommendation from 4 of the five groups represented was presented to the Supervisors for consideration and integration into the final ordinance being discussed today. http://yubanet.com/m/draftinterimordinanceproposal/

Posted by: A Patriot | 26 July 2016 at 11:49 AM

[A Patriot]

This is the link to the Unified Final Recommendations presented by Nevada County Cannabis United https://www.scribd.com/document/318771316/Final-recommendations-from-grow-advocates#from_embed

[George Rebane]

Yubanet reports that the MMJ ordinance was passed as amended.
http://yubanet.com/m/live-nevada-county-bos-meeting-july-26-2016/

[Patricia Smith]

Yes, it s sad when election results don't count.

[Bill Tozer]

Patty, you got the hardest job in the world. You have to navigate between all the forces and alliances and resist the temptation to jump in bed with the devil just to get to the few patients who are qlost in the mob. I already told you. 75-90% on those "your side" of the issue do not give a shit about your patients when it all comes down. They want legalized recreational pot and care more about making some coin to help with the rent and care more about themselves and their little plans and schemes than10 Hurds. Sad. Everybody is in it for themselves. You are just the poster boy they will trample asunder in the rush to fulfill their own personal agendas.

And that isn't addressing the ones who were Yes on W. Your side (the good side) have hidden themselves behind your integrity for their own unspoken agendas. They will chew you up and spit you out in a heartbeat if you stand in their way. They don't give a crap about the Hurd family. And that is your side I am talking about. Yes, Patty, it is sad to see you played like a finely tuned rare violin in the master's hand. Sad. Hang in there.

[Patricia Smith]

I'm glad you feel my pain, Bill - lol. I know varying factions have different agendas, but there is a point where they intersect. Many patients need cultivators to grow their medicine, so there is a symbiotic relationship between the two. I don't begrudge farmers from making a living, but I always advocate so that patients can grow their own medicine and stay out of the retail or black markets.

I still believe that we won't solve any of the problems that have been haunting us until we have a permitting system to cultivate that includes an onsite inspections to ensure everything is kosher - legal water source, plants with ID tags to show the plant tax has been paid, a track & trace program to prevent diversion. None of these protections are offered in the County's ordinance.

[Gail Kraus]

"ORDINANCE No 2416
Section G-IV 5.9 Administrative Review
End of section D: The request for a hearing and appeal shall not be deemed complete and shall not be considered unless it specifies why the marijuana cultivation that is subject to abatement in the Notice to Abate Unlawful Marijuana Cultivation is not in violation of this Article."

So no hearing based on Medical need, or financial constraints, or parcel geography(like the only area left after the setbacks is your driveway.

Also odd is:Section G-IV 5.9 Administrative Review
D. Any hearing conducted pursuant to this Article need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

So they can use hearsay and leave out anything they want?

[George Rebane]

GailK 842am - Excellent points Ms(Mr?) Kraus. Would you consider reposting your comment under 'MMJ - The Saga Continues'? I want the current post to be a preamble to the continued deliberations for NC's new MMJ ordinance that will no doubt stabilize only after the November elections, and more meetings with citizen stakeholders. The discussion/debate for this phase needs its own venue on RR. Thank you.