Nevada County MMJ Grow Ordinance

[FreedomGrower]

FROM Americans for Safe Access - Nevada County
Call to Action
by ASA-NevadaCounty on April 9, 2014 in Board Meeting, Events, Legislation, Media, Medical Marijuana Cultivation Measure, Nevada County Board of Supervisors, Nevada County Sheriff, Ordinances, Patient Rights, Public Meetings, RSS to Volunteers, Safe Cultivation Act of Nevada County
Rally before the Board of Supervisors Meeting, April 22, in the Rood Center parking lot.
The Board will be presented with the certified results of our petition at their meeting on April 22, where they will be given a set of options they can take. Jeff Lake will be on hand to address the Board to request that they accept our initiative as is and forego an election. Barring that, we will ask that they place a moratorium on the County's ordinance until we have a chance to vote in November.
We do not want to live under the regulations of the County's ordinance for another grow season, but we need your help to accomplish that.
First we need you to call, write or email all of the Supervisors. Let them know that County Cultivation Ordinance #2349 is unfair and that it is impossible to comply with all of the regulations. (The setbacks alone preclude 90% of all properties in Nevada County from being able to grow medical marijuana.)
Then please plan on spending the day at the Rood Center on April 22. We won't know what time our petition is scheduled until Thursday, April 17, but we are assuming it will be on the afternoon's agenda. Please check back for the correct time on Thursday evening. If we are on the afternoon agenda, we will plan to meet at 11:30 in front of the Rood Center.
Our goal is to get several hundred people massed in the parking lot where Jeff will rally the troops before we go into the Board chambers. The media will be covering this event and it will put pressure on the Supervisors to act in a reasonable manner.
Of course, we need to act in a reasonable manner as well. I know we are all passionate about our medicine, but this will not be the time to attack the Supervisors if we hope for them to accept our requests.
Can I count on YOU to show up?
Supervisor contact list:
All of the Supervisors can be reached by phone at 530-265-1480
District #1 [email protected]
District #2 [email protected]
District #3 [email protected]
District #4 [email protected]
District #5 [email protected]
Here is a sample speech, but feel free to use your own words:
Hello Supervisor ___________
Over 16,000 Nevada County citizens signed the petition ASA circulated for a new cultivation ordinance. I am calling to ask you to adopt the ordinance as written at the Board of Supervisors meeting on April 22.
I am also asking you to come to the Banner Grange on April 19 at 2:00 for a free screening of a remarkable documentary, Charlotte's Web, that details the recovery of a 5-year who suffers from a rare type of epilepsy. Following the screening, two mothers of small children whose seizures have stopped after using medical marijuana will be on hand to answer questions. These mothers used this medical marijuana after pharmaceutical seizure medications failed. Both of these women live in our County. Again, Banner Grange on McCourtney on April 19 at 2:00. Thank you.

 

[FreedomGrower]

What's that Smell?

I have tried to give the Nevada County Elections Office the benefit of the doubt, but it appears my suspicions that they purposely drug their feet to eat up the clock were justified.

Because of their delays, we are being denied a position in the June Primary and we lost our chance for a Special Election. They maintain that the delay was unavoidable, but the article below clearly shows that was not the case.

Join us at the Rally at the Rood on April 22 at 12:00 Noon to let the Supervisors know that we were robbed and they should just accept our initiative NOW. The Board meeting is scheduled to begin at 1:30pm.

This is our one shot at getting a reasonable ordinance in place for this growing season. We need lots of bodies to get their attention.

Please read the article below to see how fast Butte County processed, counted, and verified 9,050 signatures (nearly the number of signatures as us). They were able to complete the same task two and a half months faster than our Elections Office . Either our Elections Office is incredibly inept or there was a deliberate effort to keep us off the ballot in June. You decide.

Marijuana Initiative Qualifies for Ballot

OROVILLE A referendum petition aimed at blocking Butte County's most recently enacted marijuana cultivation rules has been certified as having enough signatures to be valid.

The referendum targets parts of the cultivation ordinance passed in February that limits the size of a marijuana garden. The rule allows gardens from 50 square-feet to 150 square-feet depending on the size of the parcel, and also sets minimum setbacks between the garden and the property line, again depending on the lot size.

With the petition certified, the question of what to do with the referendum will go to the Butte County Board of Supervisors at the panel's regular meeting Tuesday.

Under state law the board has three options. It can vote to rescind the ordinance immediately, put the measure before county voters during the November general election, or have a special election on the matter.

The county is predicting that putting the referendum on the November ballot would cost about $50,000.

The opponents of the ordinance said the rules governing the size of allowable gardens are too restrictive.

Almost immediately after the supervisors adopted the ordinance in February, an organization calling itself Butte County Citizens Against Irresponsible Government launched the referendum.

On March 12, petitioners delivered boxes containing petitions carrying more than 12,000 signatures on them to the county offices in Oroville.

According to an April 9 letter signed by County Clerk/Recorder Candace J. Grubbs, the county's chief election officer, 9,050 signatures were verified. The petition had to have at least 7,605.

This is not the first time Butte County has been through this process related to medical marijuana.

In May 2011, after months of often loud and hostile hearings, the supervisors adopted a marijuana cultivation ordinance that among other things said no plants could be grown on a lot smaller than a half-acre. The number of plants allowed increased with a parcel's size up to a maximum of 99 on sites larger than 160 acres.

That ordinance was the target of a successful referendum, and supervisors voted to put the issue on the June 2012 primary election ballot.

Nearly 56 percent of those voting, 27,701 people, voted against the county's ordinance, with 22,722 votes or 45 percent in support

Tuesday's Board of Supervisors meeting begins at 9 a.m. in the County Administration Building at 25 County Center Drive, in Oroville.

Contact reporter Roger H. Aylworth 896-7762.

 

[FreedomGrower]

http://www.theunion.com/opinion/11110950-113/county-ordinance-asa-marijuana

Supervisors should compromise on pot cultivation ordinance

Tomorrow, April 22, the Nevada County board of supervisors will have the opportunity to adopt a new, reasonable and workable medical marijuana ordinance already proven to have the support of thousands of Nevada County residents. They should simply do so.

The county’s current Cannabis Cultivation Ordinance doesn’t work because it is too restrictive. But it passed under “urgency” on May 8, 2012, with the board acknowledging it was flawed and stating they would address it again sometime in the future.

During its first year of implementation, it became clear that up to 90 percent of Nevada County residents who grew medical marijuana — legal in the state of California since 1996 — could not meet the county ordinance’s rules for “compliance.”

Since the board did not take action to improve this situation, Americans for Safe Access—Nevada County (ASA—NC) drafted a more reasonable ordinance and began circulating a petition to get it, at the latest, on the June 2014 ballot.

On Dec. 30, 2013, ASA-NC submitted to the county elections office nearly 11,000 voter signatures — more than enough for its proposed ordinance to become a ballot initiative.

Yet, it was not until March 27 — apparently the last legal date for the elections office to certify the signatures, that this process was completed. Three months had passed and ASA-NC was now told it was too late for its proposed ordinance to make the June ballot.

ASA-NC and its members — as well as, certainly, the thousands of Nevada County residents who signed for the right to vote on such an initiative this June — were, and still are, extremely disappointed by this outcome.

ASA-NC will continue its fight to pass the new ordinance, even if it takes until the November election. That is, unless the board of supervisors avoids creating months of contention — let alone a waste of time, energy and money — and instead adopts the new, reasonable and workable ordinance at tomorrow’s meeting.

Such action would allow the county to focus its resources on more serious issues. In February, a Union poll identified Nevada County citizens’ top three concerns as meth, heroin and alcohol, in that order. Why not resolve the medical marijuana ordinance issue now and put our county’s law enforcement and health department resources toward tackling these major problems?

An April 3, an Associated Press article in The Union stated that according to a newly released Pew Research Center survey:

“Three-fourths of Americans say it’s inevitable that marijuana will be legal for recreational use across the nation, whether they support such policies or not.”

The trend is clear. However, ASA is about medical marijuana — which has been found to help cancer patients with pain and appetite issues and has indisputedly helped many people with catastrophic epileptic seizures — just to name a few of its many benefits.

Like the current ordinance, the new ASA-NC measure keeps small residential grows indoors where they won’t be a nuisance and limits outdoor production to parcels of two acres or more in size.

The main difference is that the new ordinance shifts the focus of outdoor regulation from restricting the square footage of a parcel’s garden to restricting its number of plants.

Why does this matter? As any good farmer knows, the spacing and placement of plants — depending on each site’s unique characteristics — can be a huge factor in avoiding molds, pests and disease. In turn, this affects keeping harvests as safe and organic as possible.

We all can agree that large illegal growers who trespass onto private and government land are a source of crime and damage to our environment.

Unfortunately, by squelching small time “mom and pop” local growers, our county is essentially handing over marijuana production to those living outside the law who could care less about county ordinances.

Let’s focus on the bad guys who grow and go, rather than our own county’s residents, who try to abide by the law (I say “try to” because of the county’s currently unworkable ordinance), take care of their land, work hard and pay taxes.

It’s been two years since the board of supervisors passed its current medical marijuana ordinance under “urgency” while stating it would address the ordinance’s obvious flaws in the future.

Well folks, as the saying goes, the future is now. And the issue, now, is truly urgent.

It’s spring. Not only is it time to plant crops — it is time to plant good will and compromise, not contention and division. It is time for the board of supervisors to adopt the new ordinance.

Mary Carol is a member of ASA-Nevada County and lives in South County.

 

[FreedomGrower]

http://www.theunion.com/news/11068201-113/county-election-nevada-asa
ASA-NC Initiative to be presented to the Board of Supervisors, April 22

ACLU to investigate charges of Election Tampering

Americans for Safe Access - Nevada County is holding a Press Conference on Tuesday, April 22, 12:00 noon at the Eric Rood Center, 950 Maidu Avenue, Nevada City.

The culmination of two years work by the medical marijuana activist group will come to a head on April 22 when the Nevada County Board of Supervisors are presented with a resolution to schedule an election for the Americans for Safe Access initiative by Greg Diaz, head of the Elections Office. If adopted, the measure would rescind County Ordinance #2349 and replace it with regulations that meet CA State minimum standards for marijuana cultivation.

ASA-NC alleges that foot dragging by the Elections Office has caused their measure to get pushed from the June Primary to the November General Election and the ACLU is investigating whether actions taken by the County rise to the level of election tampering.

The purpose of the conference is to rally supporters before the Board of Supervisors meeting begins at 1:30 when ASA-NC will request for the Board to adopt their initiative rather than schedule an election based on the massive support their measure has received from Nevada County citizens. It is estimated that adding the measure on the November ballot could cost taxpayers upwards of $50,000.

Scheduled speakers are:

12:30 - 12:40 Jeff Lake, attorney for ASA-NC and candidate for Superior Court Judge

12:40 - 12:50 Darin Ferguson, Head of Local 8, UFCW

12:50 - 1:00 Patricia Smith, Chair of Americans for Safe Access - Nevada County

1:00 - 1:15 Lanette Davies, Northern California ACLU Board member

For more information, please contact Rosemary Hill at 530-273-7009.


Show up make sure the BOD accepts the new ordnance as is ... show your support !!!!

 

[FreedomGrower]

One member of the current BOD supervisors stated that the complainers are happy with the current ordinance and they do not care about patients protesting or getting enough medicine to live ...

So to there logic the current ordinance is working and they did not adopt it instead putting it up to the people to change it in November and costing us $$$.

But never fear they have hired more compliant officers this year to make $$$ off building permit violations while hacking down more gardens ....

http://yubanet.com/regional/Nevada-County-MMJ.php

http://www.theunion.com/news/11138900-113/ordinance-marijuana-county-current

 

[FreedomGrower]

https://www.facebook.com/YesOnMeasureS

 

[FreedomGrower]

Top Ten Reasons to Vote for Measure S

Because sometimes marijuana is the only medicine that works to relieve seizures, nausea from chemo treatments, and chronic pain without the side effects of opiates.

Because Measure S is a sensible solution between the needs of patients and the rights of homeowners.

Because a total ban on Outdoor Cultivation is likely if the measure fails.

Because moving Collectives to AG-zoned parcels will alleviate the “nuisance” factor in residential neighborhoods.

Because we are tired of the government’s overreach into our personal lives.

Because marijuana is safer than pharmaceutical drugs. Someone dies every 19 seconds from prescription drugs.

Because the County’s Cultivation ordinance discriminates against disabled patients.

Because medical marijuana cultivators do not cause environmental damage.

Because it will free up law enforcement to go after the illegal growers in our forests who are armed and dangerous.

Because the citizens of CA (and Nevada County) voted for Prop 215 to supply safe access to patients in need.

For more information, please contact Citizens for Fair Laws, 530-270-9273

 

[FreedomGrower]

The Cannabis Cures Cancer website supports ASA Nevada County's Measure S.

This measure is crucial to regulate cannabis grows in Nevada County and still allow patients the ability to grow and have access to medicine. By setting an easy to understand set of rules for patients to understand, it will help free up law enforcement resources to enforce actions to grows that are not legal under Prop 215. By also setting reasonable limits, it will help prevent cannabis from being grown in significant amounts for the black market and help stop unreasonable nuisance gardens from being grown in residential areas of the county.

The Cannabis Cures Cancer Cooperative Significantly Endorses The Marijuana Cultivation Act of Nevada County.

Measure S is vital in implementing a sensible and prudent ordinance which protects patients' rights while addressing the needs of the county.

www.MarijuanaResearch.org
www.CannabisCuresCancer.org
https://www.facebook.com/YesOnMeasureS

 

[FreedomGrower]

Shame !!!

From The Union: County Republican Party passes resolution opposing Measure S

http://www.theunion.com/news/12225718-113/party-marijuana-measure-plants

The Nevada County Republican Party unanimously passed a resolution opposing Measure S at its July meeting, according to a news release from party officials.

The party concluded that the current marijuana growing ordinance provided sufficient parameters for the growers to produce a medical marijuana crop while still protecting neighboring properties, schools and churches from the overexposure of marijuana growing.

“Measure sponsor Americans for Safe Access originally asked the Board of Supervisors for a setback of 1,000 feet from schools and churches and other community sites. Now this same group is saying that the setback is too restrictive and should only be 600 feet,” said Nevada County Republican Party Chair Deborah Wilder.

“We are not talking about grandma having a couple of plants that would fit onto a window sill; we are talking about commercial growers who cultivate plants 3-4 feet in diameter and 15-20 feet high.”

Currently marijuana growth is restricted to a certain number of square footage based on the size of the property. The new ordinance would have no limit of the amount of property used for cultivation, the release states, but limit cultivation to a number of plants.

“When you are talking about having 18-24 marijuana ‘sequoias’ on your neighbor’s property, that interferes directly with the quiet enjoyment on my own property,” Wilder stated. “These plants put out extremely strong odors, the growers typically use extra strong fertilizers and frequently place poisons on or near the plants, killing wildlife and contaminating soil and ground water. The most dangerous change in the Measure S ordinance is the elimination of legal enforcements of the ordinance and penalties.

“I am a big supporter of individual property rights, and Measure S does not do that. Instead, it expands the rights of growers to the detriment of neighboring properties, churches and schools.”

Visit for more information on the Nevada County Republican Party.

 

[FreedomGrower]

www.MeasureS2014.com

 

[FreedomGrower]

http://asa-nc.com/the-union-strong-arguments-floated-pro-con-on-nevada-countys-measure-s/1203487/

 

[FreedomGrower]

http://yubanet.com/regional/Medical-Marijuana-Advocate-arrested.php#.VBE9NGB0zDf

 

[FreedomGrower]

Town Hall Forum on Measure S at the Nevada Theater

Citizens for Fair Laws has taken over hosting the Town Hall Forum on Measure S on September 23, 6:00pm, at the historic Nevada Theater. Union Publisher, Jim Hemig, will take questions from the audience as well as questions pre-submitted by Union readers.

The panel will consist of local attorney Stephen Munkelt, Dr. Sean Devlin of Highland Springs Wellness Center, and Americans for Safe Access Chair, Patricia Smith. Each member has considerable expertise in their respective fields and are highly qualified to answer any question that may come up.

Opposition against Measure S were invited to participate but declined because they believed the Nevada Theater wouldn’t provide them a balanced audience. It is unclear how a public venue could lean one way or the other.

Measure S will be on the ballot in November’s General Election, and if passed would replace County Ordinance #2349 with new regulations that supporters maintain will better serve patients while preserving residential homeowner’s protections. The ban on outdoor cultivation on parcels less than 2 acres remains intact.

“I find it ironic that ASA and Sheriff Royal share many of the same goals. We both want to rid our county of the drug cartel growers who pollute our forests, steal electricity, divert water, or use toxic chemicals that poison wildlife and pollute our watershed,” stated Smith. “Passing Measure S will free up law enforcement to go after the people who are causing real harm to our community.”

Dr. Devlin is concerned that his patients who live within the city limits cannot find a collective who will grow medicine for them because they simply do not have room to accommodate additional members under the county’s ordinance. Measure S addresses this need by allowing small collectives of 3 patients on five acre parcels that increase incrementally to no more than 10 patients on parcels that are 30 acres or larger.

Stephen Munkelt has defended over 60 clients who have received cultivation code citations since the county’s ordinance went into effect in 2012. He will address the ordinance’s shortcomings and contrast the solutions found in Measure S.

The Town Hall Forum is a free event and everyone is welcome regardless of your position on Measure S.

 

[GET MO]

so i heard a new nevada county ordinance is in effect, is this true? Time to research...

 

[GET MO]

Yep. They just passed a ban on all outdoor growing.

 

[GURUPHARMS]

I don't know how to take this. I know the sheriff had no choice but to make SOME TYPE of change or the state would have for him,but Im trying to grasp and figure out the "REAL" reason or future of Gold Country.

 

[FreedomGrower]

Fight for Your Rights VOTE

 

[Abja Roots]

I don't know how to take this. I know the sheriff had no choice but to make SOME TYPE of change or the state would have for him,but Im trying to grasp and figure out the "REAL" reason or future of Gold Country.

Seems like we're all getting squeezed in Gold Country. It leaves some of us in a real predicament. I'm currently selling my property in Butte county, but it's hard to justify buying another property with the risk of complete bans in the air. As stupid as it seems, it looks like going back indoors is less of a risk.

If I was looking for the real reason I would lean towards a situation where all the smaller players are squeezed out in favor of much larger multi-million dollar operations. These larger operations will be easier to tax and regulate. Which is much more appealing than regulating lots of smaller operations.

 

[GET MO]

Seems like we're all getting squeezed in Gold Country. It leaves some of us in a real predicament. I'm currently selling my property in Butte county, but it's hard to justify buying another property with the risk of complete bans in the air. As stupid as it seems, it looks like going back indoors is less of a risk.

If I was looking for the real reason I would lean towards a situation where all the smaller players are squeezed out in favor of much larger multi-million dollar operations. These larger operations will be easier to tax and regulate. Which is much more appealing than regulating lots of smaller operations.

Thats exactly where its going Abja. Its a shame, but we should know the mafi.....rrrrr.... government would not legalize until they could have a significant profit from it, and at the same time force the people to have to rely on them instead of be able to provide there own medicine.

 

[FreedomGrower]

If the vote does not go our way I am saving up some $$$ to file a class action for any meds taken ...

http://freedomgrowers.blogspot.com/2016_01_01_archive.html#5258155390100180692