cannabisnews.com: Marijuana Laws May Be Tightened





Marijuana Laws May Be Tightened
Posted by CN Staff on November 15, 2004 at 14:09:20 PT
By Glenda Anderson, The Press Democrat
Source: Press Democrat
Two cities in Mendocino County, long one of the most pot-friendly places in California, are considering tightening laws that have allowed backyard marijuana gardens to flourish.Ukiah and Willits officials are weighing proposals to restrict the number of pot plants that residents with doctor's notes can grow under a 1996 state law that legalized marijuana for medical use.
Willits, meanwhile, has temporarily banned marijuana dispensaries while it studies the issue.The moves have put officials in Mendocino County in the unfamiliar position of seeking to restrict the production of medical marijuana, which voters legalized in 1996 when they passed Proposition 215. In the ensuing years, Mendocino County has been at the forefront of efforts to make medical marijuana readily available, issuing cards to more than 1,300 residents that allow them to grow and use pot.But the proliferation of neighborhood pot gardens is generating complaints about crime, traffic and even the skunk-like stink emitted by ripening marijuana plants."It's kind of getting out of control," Ukiah City Manager Candice Horsley said.Last month in Ukiah, a man growing around 200 plants in his backyard was shot in the hand when he interrupted someone stealing his pot, according to police. This week, two men pushed their way into a Ukiah woman's home and robbed her of two pounds of marijuana, police said.Ukiah Police Capt. Dan Walker said it's no surprise the gardens attract crime."It's like money growing in your back yard," he said.Depending on their size and quality, one plant can be worth $2,000 to $4,000, sometimes more, according to local growers.Even some local pot activists say the cultivation and distribution of medical marijuana in Mendocino County needs to be controlled.Many of the people who have obtained doctor's notes allowing them to grow marijuana in their back yards are selling it for profit, not for medicinal use, said Marvin Lehrman, who opened Ukiah's first medical marijuana dispensary in 1997."People are hiding behind the medical umbrella to make money," Lehrman said.Next month, Ukiah and Willits will consider proposals to limit marijuana cultivation within their city limits."A lot of neighbors complain about the smell and the backyard thefts," Willits City Attorney James Lance said.Willits has yet to draw up a proposal for the City Council to consider, Lance said.Ukiah's ordinance would restrict the number of marijuana plants grown on a residential lot to three - half the number allowed under state law. Outside residential areas, the city would require medical marijuana growers to first obtain a use permit."It would be a groundbreaking ordinance," Horsley said.Dale Gieringer, who co-authored Proposition 215, the 1996 initiative that legalized marijuana for medical purposes, said Ukiah's proposed ordinance is illegal. Under state law, local authorities must allow medical marijuana patients to have at least six adult pot plants."They can't do that," said Gieringer, state coordinator in California for the National Organization for the Reform of Marijuana Laws.Gieringer said cities can enact restrictions that would make the plants less visible to the public, an approach used in San Diego. However, he said cities cannot adopt a limit that is less than the state's six-plant minimum.Ukiah City Attorney Dave Rapport said the state law pertains to criminal prosecution. The city simply wants to regulate a legal activity, not arrest anyone."Lots of things are legal under state law that you can't do in your back yard," he said.Cities have wide authority over land use, a precedent that he believes would allow Ukiah's proposed ordinance to pass legal muster."It's more like a zoning ordinance," Ukiah Mayor Eric Larson said.Medical marijuana promoter Lehrman agrees with the approach."I don't think they should be growing it in neighborhoods," Lehrman said.Medical marijuana dispensaries also should be regulated and, ultimately, pot should be distributed by pharmacies, he said.Currently, Mendocino County follows guidelines created by District Attorney Norm Vroman that grants legal immunity to growers who stay within the county's limits. Vroman allows medical marijuana users with doctor's notes to cultivate plants whose canopies can fit within a 10-foot-by-10-foot square area.Until several months ago, Vroman allowed people with doctors' notes to produce 25 plants, but he decided it was easier to measure the size of gardens rather than count individual plants.While several counties let cardholders grow more plants than allowed by Mendocino County, growers who exceed Vroman's limits generally aren't prosecuted, according to three local law enforcement officers who spoke on condition of anonymity.Vroman said he's tired of being blamed for problems associated with medical marijuana."There's no question there's a problem, but I don't see that it involves me," he said.Vroman said it's up to cities to regulate pot when it becomes a nuisance, and he recommended they do so using existing nuisance ordinances.None of the nine cities in Sonoma County have put limits on medical marijuana dispensaries, although Sonoma and Sebastopol have discussed the concept.Sonoma County Sheriff Bill Cogbill has called for tougher and more clearly defined medical marijuana rules. Sonoma County allows cardholders to grow up to 99 plants and possess three pounds of marijuana. MEDICINAL POT RULES California voters legalized medical marijuana by passing Prop. 215 in 1996.In Mendocino County, users with doctors' notes can grow plants whose canopies can fit within a 10-foot- by-10-foot area. Note: Ukiah, Willits consider restricting plants grown for medicinal use.Source: Press Democrat, The (CA)Author: Glenda Anderson, The Press DemocratPublished: Sunday, November 14, 2004Copyright: 2004 The Press DemocratContact: letters pressdemo.comWebsite: http://www.pressdemo.com/Related Articles:City: Pot Gardens are a Problemhttp://cannabisnews.com/news/thread19814.shtmlDA Says Pot Growing Complaints Civil Matterhttp://cannabisnews.com/news/thread19654.shtmlPungent Pot Causing Stink in Mendocino Countyhttp://cannabisnews.com/news/thread19492.shtmlPot Odors Wafting in Valleyhttp://cannabisnews.com/news/thread19470.shtml 
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Comment #16 posted by afterburner on November 16, 2004 at 06:00:57 PT
Good Point, Roger
pharmacy, noun.
Etymology: Late Latin 
pharmacia administration of drugs, from Greek pharmakeia, from pharmakeuein to administer drugs, from pharmakon magic charm, poison, drug --Merriam-Webster OnLine http://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=pharmacy&x=5&y=19The DEA/ONDCP/HHS/FDA/NIDA with all their strident demonization of "drugs" and the UN "drug-free world by 2008" initiative are biting the pharmaceutical companies (their masters) in the butt. The more cannabis activists point out on the Internet and elsewhere that the word "drug" and the word "medicine" are mirror images, the more the credibility of the "drug war" / medicine war is undermined! I too support the religious or spiritual right to sacred vegetables. As a movement we need to avoid the infighting that the antis love to split us into medical only, religion only, social or recreational only; and work together. "Divide and conquer" is their aim. "We must all hang together or we will all hang separately" is ours.
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Comment #15 posted by rogerchristie on November 15, 2004 at 22:11:20 PT:
 Secure your 'religious rights' now
Hello out there,Aloha. This article makes me think that, in general, medical marijuana patients would be better served if they also obtained their 'religious right' to grow and use cannabis as their sacrament and for healing.The feds have been and continue to be relentless. In my opinion, we need to build a strong exemption, or 'defense to prosecution'. They even have 'cannaboid-blocking' drugs coming, in addition to all their other bad behaviors! For instance, watch out for 'Acomplia' a weight-reducing prescription and for other needs. It's a cannabinoid-blocker. Among other things, people are being prepared for mandatory 'treatment' for 'cannabis addiction' with pharmaceuticals (comes from the root word, 'sorcery', usually meaning dark magic).My advice; in addition to whatever legal protections you now have for cannabis, please consider building your rights for 'religious use'. Become ordained online at
www.ulc.org and join us at www.thc-ministry.org if it feels right. Build a 'religious exemption' for yourself and your family like other religions do. Mahalo.Love and respect to you,Roger###
 * The Hawai'i Cannabis (THC) Ministry *
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Comment #14 posted by FoM on November 15, 2004 at 20:18:21 PT
Here's Some Interesting Music That's Online
WBWC 2004 Summer Marathon Series: http://www.wbwc.com/marathon.asp
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Comment #13 posted by John Tyler on November 15, 2004 at 18:54:57 PT
Thanks for the radio tips
I will check them out.
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Comment #12 posted by FoM on November 15, 2004 at 18:48:47 PT
mayan
That is great to read. I think the mainstream press is as tired as many of us are. It's almost why fight about it. Bush won't let it be turned over to Kerry no matter if they find millions of lost votes. It's good to find the flaws in the voting system though. Keep up the good work and keep us informed.
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Comment #11 posted by mayan on November 15, 2004 at 18:33:14 PT
unrelated...
Recount in Ohio a Sure Thing - Green Party Campaign Raises $150,000 in 4 Days, Shifts Gears to Phase II:
http://www.truthout.org/docs_04/111604W.shtmlWhere is the mainstream media on this?
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Comment #10 posted by Sukoi on November 15, 2004 at 18:16:10 PT
Speaking of radio...
...go to this site and click on "listen" at the top center of the page to listen to "TheWeedMan" (this is apparently looped and the first few minutes is not actually the beginning). This is great coverage and was aired in Bristol, VA from WFHG FM on Nov. 7, 2004: http://www.theweedman.com/ 
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Comment #9 posted by Sam Adams on November 15, 2004 at 17:46:28 PT
John
yes, of course my area is exactly the same way. However, there are 2 or 3 awesome college radio stations I listen too that mention herb or joke about it all the time, the reggae and rap music shows of course feature many songs about it as well.Also, what makes you think only music from the 60s and 70s was created with herb? Most jazz music from 20's to present is herb-fueled. I'm sure it's just as prevalent among modern rock bands as those from the 70s.I would definitely recommend tuning to the left of the dial & seeing if they're any good college radio stations. There's one here that features music from the 60s and 70s on many different shows, and you get to hear many more songs that the same ones the commercial stations play over and over.
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Comment #8 posted by John Tyler on November 15, 2004 at 17:38:36 PT
Off topic about radio
This is off topic but I have been wanting to mention it. There is a Classic Rock radio station in my little east coast city. It is pretty boring though. They just play the same songs over and over, year after year. There probably is such a radio station in every city or town. Their bread and butter is music from the 60’s and 70’s mostly. This is music inspired by the use of our favorite plant and other stuff and created for listeners using our favorite plant. Yet, the DJs never mention it. It is like it never existed. No Drug War no government oppression nothing. There is not even any news about any controversial topic. They didn’t even mention the Dixie Chicks controversy. They will talk about the bands a little and the music a little. They will talk a lot upcoming events were beer is the theme. Classic Rock and lots of beer. If I may use a metaphor, it is like talking about Christianity without ever mentioning Jesus. Is your area like that? I can only guess that their station owners and the FCC keep a tight reign on what DJs are allowed to say. Are DJs allowed to speak freely anywhere?
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Comment #7 posted by FoM on November 15, 2004 at 16:18:23 PT
Max Flowers 
I posted the article here. I haven't done much outside the US and Canada so I posted it in a comment.http://www.cannabisnews.com/news/thread19825.shtml#1
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Comment #6 posted by Max Flowers on November 15, 2004 at 16:12:28 PT
FoM
There's a huge story breaking right now out of Brazil, check it out:(excerpt, go to www.narconews.com for full story)From: "Alberto M. Giordano" November 15, 2004
Please Distribute WidelyDear Colleague,Weeks after some punishing setbacks for the government of Brazilian President Lula da Silva, with his Worker's Party losing three of the flagship cities in the world for Harm Reduction policies toward drug users (São Paulo, Porto Alegre, and Curitiba), the Lula administration has finally decided to make the groundbreaking local policies go
national.According to a report in today's Folha de São Paulo (subscription only), Lula's government of has reached a "consensus" to step forward into a bold new era of drug policy: decriminalizing the drug user nationwide, and opening 250 safe drug use centers across the country during the year 2005.Lula is expected to sign an executive decree on November 24, taking drug enforcement responsibilities away from police agencies, and placing the problems of drug use under the jurisdiction of the Health Ministry, which will be charged with supporting the safe drug-use centers and make Harm Reduction - a policy to reduce the harms associated with drug use - the law of the land.
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Comment #5 posted by FoM on November 15, 2004 at 15:57:58 PT
Sukoi
They are easy to miss. I archived it because it was more a research article. It's hard for me to figure out what to post on the front page or archive it sometimes. 
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Comment #4 posted by Sukoi on November 15, 2004 at 15:52:05 PT
FoM
Sorry, I guess that I missed it and I thought that it was good too!
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Comment #3 posted by FoM on November 15, 2004 at 15:48:18 PT
Sukoi
I didn't want you to think I missed this article so I wanted to post it here for you to see. It was a good one too.http://www.cannabisnews.com/news/thread19817.shtml
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Comment #2 posted by Sukoi on November 15, 2004 at 15:40:56 PT
An article and an interview…
"Rick Bayer, MD, a Portland internist, was the chief petitioner for the Oregon Medical Marijuana Act (OMMA) in 1998. He strongly supported OMMA 2, also known as Meaure 33, this year's ballot initiative that would have expanded the existing program. This interview was conducted a day after the election."The interview follows the article:Marijuana: an Election Scorecard onhttp://www.counterpunch.org/gardner11132004.html
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Comment #1 posted by Sam Adams on November 15, 2004 at 15:07:45 PT
Not his problem
Ukiah City Attorney Dave Rapport said the state law pertains to criminal prosecution. The city simply wants to regulate a legal activity, not arrest anyone."Lots of things are legal under state law that you can't do in your back yard," he said.That's right, go ahead and subject yourself & the city to a 2 or 3 year lawsuit, which you'll lose & have to settle for hundreds of thousands of dollars.Who cares, the taxpayers will cover it. No problem. Let's do it again next year.
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