THE EMERALD TRIANGLE NEWS…… MARIJUANA NEWS FROM HUMBOLDT AND MENDOCINO COUNTIES

BE SURE TO VOTE NO ON MENDOCINO COUNTIES MEASURE B !

IN THIS 2008 ELECTION. THE CITY COUNCILS OF WILLITS AND UKIAH BOTH HELD SPECIAL SESSIONS WITH ONLY 1 DAYS PUBLIC NOTICE TO PASS SPECIAL RESOLUTIONS ASKING THE MENDOCINO COUNTY BOARD OF SUPERVISORS TO PUT MEASURE B ON THE JUNE BALLOT. THE MCBOS RELUCTANTLY AGREED AND HAVE LEFT THE DECISION OF PROHIBITION OF MARIJUANA AS WELL AS THE REPEAL OF MEASURE G UP TO THE VOTERS OF MENDOCINO COUNTY.

WITH THE RECORD NUMBERS OF YOUNG PROGRESSIVE VOTERS THAT SHOWED UP AT THE POLLS FOR THE CAUCUS, MEASURE G WILL MOST LIKELY STAND KEEPING 25 PLANTS OR LESS FOR PERSONAL USE THE LEGAL LIMIT IN MENDOCINO COUNTY. FOR THE FREEDOM OF MENDOCINO COUNTY WE AT THE MENDOCINO MOUNT RECOMMEND A BIG FAT NO VOTE ON MEASURE B, THE ANTI MEDICAL MARIJUANA ORDNANCE

The People of the County of Mendocino ordain as follows:

THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS.

Section 1 Purpose

The purpose of this ordinance is to eliminate the abuses created by the increased and uncontrolled production of recreational and medical marijuana while protecting the rights of legitimate medical marijuana patients and primary caregivers. It does so by repealing Measure G and establishing guidelines for possession of medical marijuana for medical purposes that are consistent with state law.
Section 2 Findings

1. On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 known as Proposition 215, which permits seriously ill residents of the state, who have a doctor’s recommendation, to use or possess marijuana for medical purposes without fear of criminal liability. Proposition 215 is codified in Health and Safety Code section 11362.5.

2. On November 7, 2000, the voters of Mendocino County approved an initiative known as Measure G (administratively codified as Mendocino County Code Chapter 9.36), the stated purpose of which was to establish a maximum limit of plants and weight for cultivation and possession of marijuana for personal medical and recreational use in Mendocino County, and prohibit the expenditure of public funds for enforcement of marijuana laws against cultivators and users in possession of quantities below that limit, which was identified by the Measure as twenty-five (25) adult flowering female marijuana plants or the equivalent in dried marijuana.

3. On October 12, 2003, the Governor of the State of California signed SB 420. Codified in sections 11362.7 through 11362.83 of the Health and Safety Code, SB 420 was adopted to address implementation of Proposition 215 and to facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals.

4. SB 420 establishes minimum guidelines for the maintenance and possession of medical marijuana. Health and Safety Code Section 11362.77(a)-(f) provides that a qualified patient or primary caregiver may possess no more than eight ( ounces of dried marijuana per qualified patient and that a qualified patient or primary caregiver may also maintain no more than six (6) mature of twelve (12) immature plants per qualified patient. If a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s needs, the qualified patient or primary caregiver may possess an amount that is consistent with the qualified patient’s needs.

5. Health and Safety Code section 11362.77(c) allows counties and cities to retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits.

6. On August 7, 2007, the Board of Supervisors, in accordance with Health and Safety Code section 11362.77(c) and recognizing the state purpose of Measure G as it related to medical use only, adopted a policy, which allowed qualified patients or primary caregivers to maintain twenty-five (25) plants and to possess no more than two (2) pounds dried marijuana per qualified patient.

7. The effect of Measure G has been to increase public safety issues surrounding the uncontrolled production of marijuana either for medical or recreational use, and has jeopardized the health, safety and welfare of the people of Mendocino County.
Section 3 Repeal of Mendocino County Code Chapter 9.36

Mendocino County Code Chapter 9.36, Cannabis Personal Use Ordinance for Mendocino County, is hereby repealed.

Section 4 Limits for Possession of Marijuana for Medical Purposes

A qualified patient or primary caregiver may possess or maintain for medical purposes only those amounts as set forth in Health and Safety Code section 11362.77 and as amended by State or Federal legislation.
Section 5 Severability

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance.