We hear from our county sources that there is an alternative proposal that should be brought forth tomorrow at the public meeting. It seems the powers that be want us to believe there is NO alternative to their proposed legislation.
Lake County California residents Ed Robey and Rob Green have authored the following reasonable alternative.
Lake County California residents Ed Robey and Rob Green have authored the following reasonable alternative.
In their accompanying document they state that they have major objections to the BOS version.<link rel="File-List" href="file:///C:/Users/JCHRIS%7E1/AppData/Local/Temp/msoclip1/01/clip_filelist.xml"><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <woNotOptimizeForBrowser/> </w:WordDocument> </xml><![endif]--><style> <!-- /* Font Definitions */ @font-face {font-family:Tahoma; panose-1:2 11 6 4 3 5 4 4 2 4; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-520078593 -1073717157 41 0 66047 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} p.MsoHeader, li.MsoHeader, div.MsoHeader {margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; tab-stops:center 3.0in right 6.0in; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} p.MsoFooter, li.MsoFooter, div.MsoFooter {margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; tab-stops:center 3.0in right 6.0in; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} p.BalloonText, li.BalloonText, div.BalloonText {mso-style-name:"Balloon Text"; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:8.0pt; font-family:Tahoma; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:8.5in 11.0in; margin:1.0in .8in 67.7pt 1.0in; mso-header-margin:1.0in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} /* List Definitions */ @list l0 {mso-list-id:879317371; mso-list-type:hybrid; mso-list-template-ids:-857566168 -425326388 67698713 67698715 67698703 67698713 67698715 67698703 67698713 67698715;} @list l0:level1 {mso-level-number-format:alpha-upper; mso-level-tab-stop:37.5pt; mso-level-number-position:left; margin-left:37.5pt; text-indent:-.25in;} ol {margin-bottom:0in;} ul {margin-bottom:0in;} --> </style>
Draft<o<!--[if !supportEmptyParas]--> <!--[endif]--><oREASONABLE ORDINANCE REGULATING<o<!--[if !supportEmptyParas]--> <!--[endif]--><oMEDICAL MARIJUANA DISPENSARIES IN LAKE COUNTY<o
Purpose<o
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The purpose of this ordinance is to implement Proposition 215, codified at California Health and Safety Code Section 11362.5 and known as the Compassionate Use Act of 1996, and also SB-420, codified at California Health and Safety Code Section 11362.7-11362.83 and known as the Medical Marijuana Program Act, a state law passed to clarify and help further implement the Compassionate Use Act. <o
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This dispensary ordinance is intended: <o
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A. To help ensure that Lake County residents can safety obtain and use marijuana for medical purposes where that medical use has been deemed appropriate by a physician in accordance with California law. <o
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B. To help ensure that the qualified patients and their primary caregivers who obtain or cultivate marijuana solely for the qualified patient's medical treatment are not subject to arrest, criminal prosecution, or sanction. <o
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C. To protect citizens from the adverse impacts of irresponsible medical marijuana distribution, storage, and use practices. <o
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D. To establish a new section in the zoning ordinance pertaining to the permitted distribution of medical marijuana in the County of Lake consistent with state law. <o
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Definitions <o
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The following words or phrases, when used herein, shall be given the following definitions: <o
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A. “Medical marijuana dispensary” or “dispensary” means any storefront facility which distributes, transmits, gives, or otherwise provides medical marijuana to qualified patients or primary caregivers in accordance with California Health and Safety Code section 11362.5 through section 11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the Medical Marijuana Program.<o
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B. A medical marijuana “collective” or “cooperative” means an organization that facilitates the collaborative efforts of patient and caregiver members – including the allocation of costs and revenues. A medical marijuana patient growing “collective" or “cooperative” that does not operate as a storefront dispensary is exempt from the provisions of this ordinance. <o
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C. “Physician” means a state licensed medical doctor or osteopath.<o
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D. “Qualified patient” as used herein shall mean a person who has a State of California Medical Marijuana Identification Card or a written recommendation to use marijuana for medical purposes from a physician licensed to practice in the State of California and who is entitled to the protections of Section 11362.5 of the California Health and Safety Code (Proposition 215, the Compassionate<o
Use Act of 1996).<o
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E. “Primary caregiver” means the individual designated by a qualified patient to obtain, possess and/or cultivate marijuana for the qualified patient, and who has consistently assumed responsibility for the housing, health, or safety of that person. <o
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F. “Planning Director” means the Director of Community Development, or an Assistant Planner designated by the Director of Community Development. <o
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G. “Attorney General’s Guidelines” means the August 2008 California Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” and any subsequent medical marijuana guidelines issued by the California Attorney General.<o
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Dispensary License Required to Operate<o
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No dispensary may open or remain open without a current Dispensary License obtained from the County of Lake. Any Dispensary License issued shall not be valid until the licensee pays all associated fees.<o
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Limitation on Number of Dispensaries and Term of License<o
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A. As of the effective date of this Ordinance, fifteen (15) dispensaries shall be allowed and granted Dispensary Licenses. All the dispensaries currently operating that were operating on September 15, 2009 (the effective date of the dispensary moratorium), shall be allowed to continue operating during the application process and shall be granted licenses unless there is clear and convincing evidence that they are not operating in accordance with California law, or are not able to comply with this ordinance, or are generating an inordinate number of well-founded law enforcement calls, or cannot pass a background check as set forth herein. <o
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B. On an annual basis, upon payment of annual renewal fees, each dispensary license shall be renewed by the County unless there is clear and convincing evidence that the dispensary is not operating in accordance with California law or in substantial compliance with this ordinance, or is generating an inordinate number of well-founded law enforcement calls, or cannot pass a background check as set forth herein. If an existing licensed dispensary fails to renew its license in a timely manner, after 15 days written notice from the County, during which time the existing dispensary can renew its license, the license will become available for another dispensary. Within 20 days after a dispensary license becomes available, the County will give public notice and will accept applications for an available dispensary license for 60 days after such public notice. If there is more than one applicant who passes a background check, the applications shall be forwarded to the Planning Commission for a decision as to which application to grant. If no one applies for an available dispensary license in the 60 day period, the first to apply after said period shall have his/her application processed before any others are considered.<o
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Limitation on Location of Dispensaries<o
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Dispensaries may only be located in the C-1 and C-2 commercial zoning districts within the County and shall be subject to the same requirements and land use restrictions as other lawful businesses in the county but shall be located at least five hundred (500) feet from a public elementary, middle, or high school, distance to be measured along the most direct public road or pedestrian pathway. However, a dispensary that was in operation on September 15, 2009 and since then has been under the same continuous ownership and at the same location and which does not meet the location requirements of this section, shall be allowed to continue operation in accordance with the regulations for non-conforming land uses in the zoning ordinance. <o
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License Application – Preparation and Filing<o
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A. Application Filing. A complete Medical Marijuana Dispensary License application packet shall be submitted, including all required fees. The application and all materials required by the County shall be based on the requirements of this ordinance. All applications shall be filed with the Planning Department, using forms provided by the County, and accompanied by the applicable filing fees. It is the responsibility of the applicant to provide information required for approval of the license. The application shall be made under penalty of perjury. <o
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B. Eligibility for Filing. Applications may only be filed by the owner of the subject property, or by a person or entity with a lease signed by the owner or duly authorized agent of the owner allowing them to occupy the property for the use of a dispensary. <o
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C. Filing Date. The filing date of any application shall be the date when the County receives the last submission of information or materials required in compliance with the submittal requirements specified herein. <o
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D. Effect of Incomplete Filing. Upon written notification that an application submittal is incomplete, the applicant shall be granted a 30 day extension of time to submit all materials required to complete the application. If the application remains incomplete after the 30 days, the application shall be deemed withdrawn, a new application shall be required, and the County shall so notify the applicant. The time period for granting or denying an application shall be stayed during the period in which the applicant is granted an extension of time. <o
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E. Effect of Other Permits or Licenses. The fact that an applicant possesses other types of state or County permits or licenses does not exempt the applicant from the requirement of obtaining a Dispensary License. <o
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Criteria for Review of Dispensary Applications by Planning Department <o
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A. Decision on Application. Upon an application for a Dispensary License being deemed complete, the Planning Director, within 30 days, or the Planning Commission on appeal of a decision of the Planning Director, shall either issue a Dispensary License or deny a Dispensary License in accordance with this ordinance. A denial shall be in writing, with a complete explanation of the reasons for the denial.<o
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B. Criteria for Issuance. The Planning Director, or the Planning Commission on appeal, shall <o
consider the following criteria in determining whether to grant or deny a Dispensary License.<o
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1. That the applicant must be at least 21 years old and a resident of California.<o
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2. That the proposed location of the dispensary is not in an area of high crime activity, based <o
upon crime reporting statistics maintained and published by the Sheriff’s Department. <o
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3. That the applicant has not been convicted of a felony within the past ten (10) years. <o
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4. That all required application fees have been paid. <o
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5. That the applicant produces a copy of a valid seller’s permit issued by the State Board of <o
Equalization.<o
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6. That the location is not prohibited by the provisions of this ordinance or any local or state law, statute, rule or regulation, and that compliance with other applicable requirements of the County’s zoning ordinance will be accomplished. <o
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7. That the applicant willprovide adequate lighting, a burglar alarm system monitored by a state-licensed monitoring service, security cameras, and a safe, to ensure the safety of persons and to help protect the premises from theft. <o
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8. That the applicant has not knowingly made a false statement of material fact or knowingly omitted to state a material fact in the application for a dispensary license. <o
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Appeal from Planning Director’s Determination<o
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A. Appeal to the Planning Commission. An applicant who disagrees with the Planning Director’s decision to deny a Dispensary License, or with any other determination, may appeal to the Planning Commission by filing an appeal pursuant to the requirements of the County Code. <o
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B. Notice of Planning Commission Appeal Hearing. Upon the filing of an appeal pursuant to subparagraph (A) above, the Planning Director shall provide public notice in accordance with the notice provisions of the County Code. <o
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C. Appeal to the Board of Supervisorsl. A decision by the Planning Commission may be appealed to the Board of Supervisors. Upon the filing of an appeal, the Planning Director shall provide public notice in accordance with the notice provisions of the County Code. <o
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Suspension and Revocation by Planning Commission <o
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A. Authority to Suspend or Revoke a Dispensary License. A Dispensary License issued under the terms of this ordinance may be suspended or revoked by the Planning Commission when it determines, based on evidence presented at a public hearing, that the licensee has substantially violated the provisions of this ordinance or state law. Such action by the Planning Commission may be appealed to the Board of Supervisors. <o
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B. Written Notice of Suspension or Revocation. No license shall be revoked or suspended until written notice of the intent to consider revocation or suspension of the license has been served upon the licensee at least fifteen (15) days prior to the date set for the public hearing. A written statement of the reasons for the proposed revocation or suspension shall be included in this notice. Notice may be given either by personal delivery to the licensee, or by depositing such notice in the U.S. mail in a sealed envelope, postage prepaid (via regular mail and return receipt requested), addressed to licensee at his/her address as it appears in the application for a Dispensary License. <o
Transfer of Dispensary Licenses<o
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A. License – Site Specific. A licensee shall not operate a dispensary under the authority of a Dispensary License at any location other than the address of the dispensary stated in the application for the license unless the licensee obtains an amendment to the Dispensary License from the Planning Director. <o
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B. Transfer of a Dispensary License. All Dispensary Licenses issued by the County pursuant to this chapter shall be non-transferable without an amendment to the Dispensary License from the Planning Director making the transferee the licensee. Such an amendment may be obtained only if the proposed transferee files an application with the Planning Department in accordance with all provisions of this chapter accompanied by the required application fee. Such an amendment and transfer shall be granted under the same conditions as the original license. Such transfer shall be granted unless the transferee cannot pass the background check or unless there is clear and convincing evidence that the transferee does not intend to operate in accordance with California law, or in compliance with this ordinance.<o
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C. Request for Transfer with a Revocation or Suspension Pending. No Dispensary License may be transferred and no amendment allowing transfer may be issued when the Planning Director has notified the licensee in writing that the license has been or may be suspended or revoked.<o
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D. Transfer Without Permission. Any attempt to transfer a Dispensary License either directly or indirectly in violation of this section is void.<o
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E. The action of the Planning Director denying a transfer amendment may be appealed to the Planning Commission, and the Planning Commission’s decision may be appealed to the Board of Supervisors.<o
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Felony Convictions and Background Checks<o
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No person who has been convicted of a felony within the past ten (10) years may be engaged in the operation or financing of any dispensary. The Sheriff’s Department, at the request of the Planning Director, shall conduct a live scan background check to determine that applicants have not been convicted of such a felony.<o
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Hours of Operation<o
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Dispensaries may remain open only between the hours of 8 AM to 8 PM every day, except that if located within 500 feet of a church or other place of worship, they shall close on its primary weekly day of worship. Distance shall be measured along the most direct public road or pedestrian pathway.<o
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Other Operating Standards and Requirements<o
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Dispensaries, once licensed, shall meet the following operational and safety standards for the duration of the use: <o
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A.Restriction on Membership.Membership in a dispensary shall be restricted to qualified patients and their primary caregivers. <o
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B. Restriction on Distribution to Non-Members. Dispensaries shall not sell or distribute marijuana to non-members of the medical marijuana collective or cooperative. <o
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C. No Alcohol Permits. Dispensaries shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages. <o
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D. Records. Dispensaries shall maintain records of all patients and primary caregivers served to ensure that all persons are legally qualified under California Health and Safety Code Section 11362.5. Membership records shall be held as strictly confidential.<o
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E. Security. Dispensaries shall provide adequate lighting, a burglar alarm system monitored by a state-licensed monitoring service, and security cameras to ensure the safety of persons and to help protect the premises from theft. The entrance into the dispensary shall be locked at all times with entry strictly controlled. A dispensary shall have a safe on the premises for storage of cash and medical marijuana. <o
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F. Odors. Dispensaries should have sufficient ventilation and storage facilities so that no odor is evident outside the facility. <o
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G. Amount of Marijuana on Premises. Dispensaries shall have no more than fifteen (15) pounds of trimmed and dried marijuana on the premises at any one time.<o
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H. Edibles. Medical marijuana may be provided by a dispensary in an edible form. In addition, any edible produced, provided, or sold at the facility which contains marijuana shall be so identified, as part of the packaging, with a prominent and clearly legible warning advising that the product contains marijuana, the type of marijuana if known, whether the marijuana used is bud, trimmings or leaf, the quantity of marijuana used to produce each individual edible, and that it is to be consumed only with a physician's recommendation. Edibles shall not count toward the dried marijuana weight limit.<o
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I. Sale of Live Plants. The sale of medicinal marijuana plants (clones, cuttings or seedlings) not <o
more than eighteen (18) inches high (measured from the top of the dirt or container) is <o
an approved activity. <o
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J. Consumption on Site. No member of a dispensing collective or cooperative may consume medical marijuana on the premises except for staff and employees who are medical marijuana patients and have a need to medicate during their working hours at the dispensary.<o
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K. Staffing. The premises shall be staffed with at least two people during hours of operation.<o
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L. Staff Training. Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of the rules and procedures regarding dispensing in compliance with state and local law. The dispensary shall take those steps necessary to assure that any persons assigned to provide security are properly trained.<o
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M. Not-for-Profit Collective or Cooperative. A dispensary shall operate as a collective or cooperative in accordance with state law and shall not cultivate or distribute medical marijuana for profit. A dispensary may receive compensation for its actual expenses, including reasonable compensation for services provided, or for payment of out-of-pocket expenses incurred in providing those services. However, any such dispensary must pay applicable sales tax on such sales or services and maintain the applicable seller’s permit or similar permit from the State Board of Equalization or other applicable agency.<o
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N. Visits by officials. The Planning Director may inspect a dispensary to ensure that the amounts of marijuana on site conform to this Article and to state law and to ensure that all performance and operating standards are complied with. <o
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O. Access to Tax Records. Each dispensary shall allow the Planning Director to have access to the dispensary’s state tax returns previously filed with the state for the purpose of verifying that the dispensary is operating on a not-for-profit basis in accordance with the Attorney General’s Guidelines. Tax returns shall be produced within 14 days after receipt of the Planning Director’s written request.<o
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P. Minors. Persons under the age of eighteen (18) shall not be allowed on the premises of a dispensary unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or guardian. A dispensary shall not employ or allow to act as a volunteer any person who is not at least eighteen (18) years of age.<o
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Severability <o
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If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable. <o
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<!--[if !supportEmptyParas]--> <!--[endif]--><oMEMO TO BOARD OF SUPERVISORS ON THE TWO PROPOSED ORDINANCES REGULATING MEDICAL CANNABIS CULTIVATION AND DISPENSARIES<o
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To: Members of the Lake County Board of Supervisors<o
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From: Ed Robey and Ron Green <o
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Re: April 27, 2010 Board meeting on Medical Cannabis Ordinances <o
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1. The Dispensary Ordinance<o
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These are our major substantive issues with this ordinance:<o
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72.3 – This limits dispensaries to zoning districts C-3, M-1 and M-2 (C-3 is heavy retail and service commercial, M-1 is heavy commercial and light industrial or manufacturing, and M-2 is heavy industrial or manufacturing). It belongs in C-1 and C-2, local commercial and community commercial. C-1 is for retail sales to the surrounding residential area, and includes retail sales of pharmaceuticals. C-2 is for a full range of commercial retail and service establishments, and includes retail sales of drugs and liquor. <o
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72.5 - This requires a major use permit as opposed to a license or minor use permit. This is unnecessary and far too costly and burdensome. The better procedure and the current trend (for instance, West Hollywood recently switched from a use permit to a regulatory license) is a simple regulatory license.<o
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72.6 (a) and (d)- 1000 feet from so many things is too restrictive in small Lake County. 200 feet from a residential zoning district is also too restrictive, especially since most main commercial streets, especially in C-1 and C-2 areas, where the dispensaries belong, is adjacent to residential zoning.<o
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72.6 (b) - No cannabis edibles can be sold. This is an established part of dispensaries, many people are unable to smoke or even vaporize cannabis due to their medical conditions, and need to ingest it in some way, but may not have the time or knowledge to prepare edibles themselves. Others prefer to ingest it rather than smoking, which of course is easier on the lungs. Also, no other products or retail sales allowed. Why? Some dispensaries sell smoking and vaporizing accessories, books, and growing supplies. Why not allow this? They can still be not-for-profit and sell items other than cannabis.<o
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72.6 (f) - No cultivation at the dispensary. Why not? Some dispensaries cultivate a small amount on the premises, then distribute to their members. Would this also mean no selling of clones, cuttings or seedlings? These must be cared for and cultivated while sitting in the dispensary. This is an important service in most dispensaries. <o
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[/FONT] 72.8 (d) - Must make available to the Sheriff and Planning Director membership records and records of who is growing the marijuana for the dispensary and where they are growing it. This is a violation of privacy. Patient information is private and confidential. If you get the optional state ID card through the County, the County Health Department must keep this confidential. The State ID card (Medical Marijuana) has an ID number and a picture, but no name due to privacy/confidentiality concerns. Police can verify online that it is a valid card. Handing the Sheriff a list of who is growing medical marijuana for a dispensary and where has a very chilling effect on those supplying the medical marijuana dispensaries. And, with federal laws still in conflict, there is nothing to prevent the Sheriff from sharing this information with the DEA. This would have a very chilling effect and there is no valid reason for this.<o
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72.8 (f) - This states that a dispensary may possess no more than the collective amount its members may possess. What this means is that if a dispensary has 600 members, it can possess 300 pounds at any one time (8 ounces per member). This is silly language. There should be a reasonable limit as to how much marijuana (dried bud) can be possessed on the dispensary premises, and 15 pounds should be more than sufficient. It only needs to be that high because of the seasonal (outdoor harvest) nature of this, and dispensaries may want to stock up shortly after the outdoor harvest is completed. The argument for limiting the amount allowed to be on the premises at any one time is to make it less attractive for burglaries and robberies. <o
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72.8
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72.8 (u) – This requirespesticide testing. In principle, this is not a bad idea, but it is premature at this point. The DEA has raided labs testing cannabis. Per California NORML, there are a couple of private labs that are currently exploring pesticide testing and will likely offer it shortly. The labs are not strictly compliant with state and federal laws, which preclude cannabis testing, although one of these labs (Steep Hill) is testing the law by offering potency testing to the general public. Such a requirement is premature until federal and state laws are changed so that such labs can operate legally and be certified by the state. <o
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Also - Most of the existing dispensaries in the county that are operating in accordance with the moratorium are in C-2 and C-1 zoning districts. There is nothing in the ordinance to grandfather them in, give them preference or give them time to relocate. <o
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[/FONT] 2. The Cultivation Ordinance<o
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These are our major substantive issues with this ordinance:<o
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73.5 – This requires a zoning permit for any patient wanting to grow even one plant. This unconstitutionally limits rights guaranteed by Proposition 215 and also runs counter to SB 420. Prop 215 can only be amended by a vote of the people, since it was passed by initiative. <o
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Proposition 215 (and the case law) says that (with a doctor's recommendation) a patient can cultivate an amount of cannabis reasonably related to his or her medical needs. SB 420 (as recently clarified by the Kelly case) sets forth guidelines (essentially a presumptive legal minimum amount) for cultivating, and says that 6 mature plants (or 12 immature) are presumed legal. <o
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Requiring a zoning permit to grow cannabis is an attempt to amend Prop 215 and therefore violates the California Constitution. Under this provision the County can deny a permit to grow cannabis even though Prop 215 makes that a right.<o
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This also means that the County can compile a list of all growers, even those growing one to six plants just for themselves. And, what’s to stop the DEA from obtaining this information from the county? (Federal laws still conflict with state laws.) <o
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73.5 (d) – This limits the cultivation area to 60 square feet for one patient, or 100 square feet for two or more residing on the same property. For many patients that grow short, bushy plants outdoors, this is inadequate to grow the presumed legal number of six mature female plants. <o
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This provision is also ambiguous. If the plants are spaced several feet apart, does the empty space count in the square footage allowed, or just the square footage of the canopy of the individual plants?<o
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73.6 – This requires a major use permit for all collective or cooperative cultivation sites. This makes no distinction between 2 patients cultivating 12 plants collectively, or 100 patients cultivating 600 plants collectively. <o
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Requiring a major use permit for small collective grows is overly burdensome and expensive, and also makes public where all the medical marijuana is being grown, which could lead to more crime and violence against growers. Cannabis growers like to keep quiet the fact that they have gardens and where their gardens are, for safety reasons. <o
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73.7 - The ordinance still confuses collective grows without a dispensary with those connected to a dispensary (e.g., 73.7 (f) and (i)). There are many small collective grows in the county with 5 to 15 patients, for instance, that just divide up the product at the end of the growing season, without a dispensary.<o
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[/FONT] 3. Conclusions and Recommendations<o
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Regarding Dispensaries, the Board should consider appointing a citizens advisory committee (or separate committees for each ordinance), representing various interests, including the interests of patients, growers and dispensary operators, to try to come up with a reasonable ordinance. There is no rush on the dispensary ordinance, since the moratorium is valid until the end of October, and can easily be extended for 12 additional months.<o
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Regarding Cultivation, this issue is the one that the Board said was top priority last year, and it is even more important now with the likelihood, as indicated in recent polls, that cannabis will be legalized in the November election. The Board should create an ordinance which protects the environment and also allows the county to benefit from the new revenue stream that the proposed ballot measure allows for local government. In other words, plan ahead for legalization, while dealing with the negative impacts which we are already experiencing.<o
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