Angels Camp Bans All Growing In City Limits.

[Bulldog11]

Did this just happen? This is the story I read.

 

[Seamaiden]

They're going for it in spite of what the county itself is going after. I've joined a group on FB that's been and will be very helpful in working on these issues in Amador. In fact, I'm not sure we discussed this but apparently your county moved towards full on cultivation bans back in November?

Edit: Ah, no, apparently they plan on addressing all of this more fully this month.

Our next BOS meeting that's going to address the new proposed ordinance is the 26th. They've added a misdemeanor penalty, which is against the new state language. The state is also, IIRC, removing the March 1 deadline, and is working or has worked (this week?) to amend the language pertaining to full cultivation bans.

Here's the article for your county:

Supervisors to revise medical pot ordinance
By Alex MacLean, The Union Democrat November 18, 2015 01:00 am


About 50 people attended a public hearing Tuesday to discuss a proposed ban on medical marijuana cultivation in Tuolumne County. Alex MacLean / Union Democrat, Copyright 2015.
Being able to grow medical marijuana is a health issue for Christopher Martin, 34, of Twain Harte.


Martin says he began growing and using marijuana for medical reasons when he was diagnosed with cancer in 2004. While undergoing treatment for the disease, which he beat in 2006, he found that the drug helped him more than the harsher pharmaceutical medications he was prescribed.

Now, Martin still uses medical marijuana to treat symptoms from a rare and painful chronic skin condition that he obtained through cancer-related surgeries.

“I finally stopped taking the medicine and started smoking,” he said. “It’s helped with a bunch of things, including sleep, depression, appetite, nausea and pain.”

Martin was one of about 50 people who attended a public hearing Tuesday at the County Administration Center in Sonora, where the Tuolumne County Board of Supervisors considered imposing an express ban on medical marijuana cultivation and distribution in the unincorporated area.

Following nearly three hours of discussion, the board decided to send the proposed ordinance back to the County Counsel’s Office for revisions that may allow an individual to grow a certain amount on their property until more refined regulations can be determined by a separate board-appointed working group.

“I don’t think we have to get it 100 percent perfect the first time,” said District 3 Supervisor Evan Royce, who has voiced support for regulating medical marijuana over prohibition. “I think we could put together an ordinance within a month or two, without the working group, just to get something in place.”

All of the recent debate locally stems from legislation signed into law this year by Gov. Jerry Brown that imposes state regulations on medical marijuana for the first time since California voters approved the substance for medicinal use in 1996.

The new laws also provide local jurisdictions with some flexibility over how to regulate or ban the cultivation and distribution of medical marijuana within their boundaries by March 1, 2016, or the state’s rules will take effect.

Existing county laws on the issue are somewhat murky. Marijuana cultivation of any type is technically illegal under current zoning ordinances, though violators are typically given a warning or fine, rather than arrested on criminal charges.

After hearing from Don Pedro residents at a Nov. 3 meeting who say they’ve been terrorized by people growing large amounts of pot in their area, the board directed county staff to develop an ordinance that would explicitly prohibit cultivation of the drug until a working group could be formed to look into possible regulations.

“The ordinance is intended to expressly state the current state of the law in Tuolumne County,” said Deputy County Counsel Carlyn Drivdahl. “The working group would then provide a recommendation to the Board of Supervisors on how, or if, to regulate medical marijuana.”

Sheriff Jim Mele said that his office does not arrest people who are in compliance with state medical marijuana laws that require a valid doctor’s recommendation to grow and use the drug.

“What the public needs to understand is if you’re in compliance (with the state laws), we’re not going to bother you,” he said.

However, many who spoke at the meeting argued that the proposed ordinance would be too restrictive.

Anyone caught growing three or fewer marijuana plants, regardless if they have a valid doctor’s recommendation, would be subject to fines of up to $1,000 per day. Those growing four or more plants would be go through an expedited enforcement process, because the violation would be considered more severe.

“Not only do we not want to be criminals, we don’t want to be non-compliant with zoning laws,” said Eli Elder, of Columbia, as the audience broke into applause. “Everyone here would like to be 100-percent compliant.”

Jeremy Carlson, owner of Little Trees, a medical marijuana dispensary in Arnold, recommended allowing at least a 100-square-foot garden for valid patients. He said many choose to grow the drug themselves because existing bans artificially drive up the prices at dispensaries.

“This will only seem to enforce that,” he said. “I think you’ll take a powerful tool out of people’s hands if you ban all cultivation.”

Dispensaries are also technically prohibited in Tuolumne County under existing zoning ordinances. Carlson offered to participate in the county’s working group to provide input as a dispensary owner.

Three dispensaries that previously operated in the county were raided by Sheriff’s narcotics investigators on the same day in 2011, leading to the arrest of nine operators and employees on criminal drug charges. All those arrested later had their cases dismissed after appeals.

Among those charged and later absolved was Sara Herrin, of Tuolumne, who operated the Today’s Health Collective in East Sonora. She was in attendance at Tuesday’s meeting to push for regulations that would allow a dispensary to operate in the county.

“There are so many places where people cannot grow, even if you say it’s OK, that we need dispensary in this town,” she said.

The board unanimously voted for Royce and District 1 Supervisor Sherri Brennan, who will co-chair the county’s working group on medical marijuana, to work with the County Counsel’s Office on a revised ordinance that may provide more flexibility for individual growers.

County Counsel Sarah Carrillo said the ordinance would likely not be ready for the board to consider until January.

Meanwhile, the working group will be appointed by the board through an application process to look at refining any potential regulations as well as how the county will respond to anticipated ballot initiatives seeking to legalize the drug for recreational use this November.

About a dozen people grabbed applications for the working group before leaving Tuesday’s meeting.

The group will consist of seven voting members, including the two supervisors, two medical marijuana patients or advocates, two citizens concerned about cultivation in their area and a doctor with experience prescribing the drug.

Mele took issue with the proposed group’s membership, arguing that it weighed heavily toward the pro-marijuana side.

“We just need to make sure that it’s fair beyond all measures,” he said. “That there’s no bias or nothing coming in that decisions have already been made … so that you will have the opportunity to make the best decision possible.”

The board assured that law enforcement and school officials would also be invited to provide input on the committee as non-voting members.

This wasn’t the first time the board has considered the issue of how to handle medical marijuana within the county.

In February 2014, the board tabled a similar ordinance that would have banned all outdoor medical marijuana cultivation, dispensaries and collectives.

Despite endorsing a revised ordinance that may allow some cultivation, District 2 Supervisor Randy Hanvelt said he was still struggling with concerns over making it easier for marijuana to get into the hands of children.

“I don’t know whether you made me any smarter or confused me more, because this is a very complex thing,” he told those in attendance. “I don’t think the problem was simplified for me today.”

Was it Little Trees that lost their zoning battle recently? I can't recall now.

 

[Bulldog11]

Depending on which way my county goes, they will either receive a large permit fee, or they will loose a citizen. I have work I want done, and wont do it in an unfriendly county.

Not sure about little trees, I will look into it.

 

[markscastle]

Almost all the counties and cities in California will be doing this. This is why we didn`t vote yes for prop 19, it like California`s new laws were enacted in order for the few to make money at everyone else`s expense. It would take years to overcome all the new county and city codes , or we can stand up to this and free the weed once and for all! That`s why it is so very important to support CCHI.2016.org . If we fail it maybe an other 4 years until we have the chance to stand up again ! This election year is a presidential election year and the best chance we have to stop this before it becomes the law of the land. Register to vote! Sign the petition , Vote for freedom throughout Cali !

 

[fishwhistle]

My county already banned outdoor and now their moving toward banning indoor(trying anyways,lol)BUT cities within the county are allowing huge indoor commercial grows backed by big money,even while they still ban dispensaries?.Bottom line is they want the tax dollars and they cant get them if everybody is growing their own and sending the rest to black market or dispos,too hard for them to control and regulate that.CCHI is our only hope but they sure dont have their shit together.
On the bright side the worst case scenario is that it goes back to the way it always was,illegal.The real answer to all of this is to federally decriminalize marijuana but its not looking good considering our current crop of presidential hopefuls.

 

[MajorPrune]

My city just did this, too. http://www.newtimesslo.com/news/13320/atascadero-bans-medical-marijuana-cultivation/

Can they ban me from growing my own? I thought that's part of 215's intent.

 

[connoisseurde420]

@MajorPrune
They can get to you, its a legal battle right now. In Kern they imposed 12 plants per parcel no matter what. But it is supposed to be a 1000$ eradication fee or what ever. Will i plant 99 in my backyard and hope they just tell me to take them down and charge me 1k??? lol I think not. Although there has been a precedent set here cause some one got busted with like 70 plants over his 12, it took years of legal battle and he has to sue to get compensation for his losses. More $$.

 

[Bulldog11]

The one thing I don't get, and perhaps I am ignorant here, but how does the cops find out about your spot in the first place? I can see if a neighbor calls, otherwise, how would they know?

 

[MoonRockin]

The one thing I don't get, and perhaps I am ignorant here, but how does the cops find out about your spot in the first place? I can see if a neighbor calls, otherwise, how would they know?

yea its not like illegal greenhouses and structures people put up that they can see from google earth. its different.

 

[GrowGod]

The one thing I don't get, and perhaps I am ignorant here, but how does the cops find out about your spot in the first place? I can see if a neighbor calls, otherwise, how would they know?

Number 1 reason growers get caught is domestic violence!

 

[Seamaiden]

The one thing I don't get, and perhaps I am ignorant here, but how does the cops find out about your spot in the first place? I can see if a neighbor calls, otherwise, how would they know?

There you go, much of this is complaint-driven.

In the meantime, the city of Angels Camp decided *not* to go for full bans. I don't have a link to the most recent reports, but they just met about it. I'll be at this Tuesday's BOS meeting here in Amador.

My city just did this, too. http://www.newtimesslo.com/news/13320/atascadero-bans-medical-marijuana-cultivation/

Can they ban me from growing my own? I thought that's part of 215's intent.

The issue with 215 is that nothing is so codified as to prevent the case law, and now assembly and senate bill legislation that allows a city or county to impinge on your 'right' to grow. In other words, your rights in that regard are actually very dubious.

Are you involved with your city's actions? If not, I suggest getting involved.

 

[markscastle]

Butte County takes complaints to code enforcement from the Sherriff`s Office who fly choppers. They are nothing but liars when they said they would not be pro-active in hunting for violations but only use complaints. I don`t think they can use google to get a warrant as the info is old by the time it is placed on the net and it also is not clear enough to id the plants. I`m sure they use google anyway. LEO are nothing but thugs and liars !

 

[fishwhistle]

I think you have 2 different issues here but they seem to be lumping them together,1)personal use grows and 2)commercial for profit grows.
Ohnestly as long as i keep my personal grow rights of 6 per person on my residential property im good,im even ok with capping it at 12 total per residential property if it came to that.
If you want to grow more than that your getting into the commercial realm and you KNOW they want to,and are going to, whether you like it or not,regulate and tax that just like any other for profit business.They dont let you open a manufacturing facility or start a farm in the middle of a residential neighborhood or an area not zoned for it so why would we assume the commercial cultivation business will be any different?
The writing is on the wall,the important thing is to keep our right to grow our own if we choose to and not have some fucking asshole city council or board of supervisors douche choose for you,2016 is gonna be a helluva ride in california.

 

[markscastle]

I`m just going to keep doing what I`ve been doing for the last 50 years and the Government be dammed. Won`t be regulated, controlled or taxed and won`t pay fines ether! If they put me in jail at some point it will only stop me until they let me out and I`ll continue on doing what I do. If they take my land away I`ll buy more land. They will never win against me I`m more determined then they are. I won`t out live them but our family has been outlaws for nearly 900 years anyway.

 

[markscastle]

I`m just going to keep doing what I`ve been doing for the last 50 years and the Government be dammed. Won`t be regulated, controlled or taxed and won`t pay fines ether! If they put me in jail at some point it will only stop me until they let me out and I`ll continue on doing what I do. If they take my land away I`ll buy more land. They will never win against me I`m more determined then they are. I won`t out live them but our family has been outlaws for nearly 900 years anyway.

While there`s leaves in the forest, and foam on the rivers, Mac Gregors shall flourish forever! Mac Gregor Gathering - Sir Walter Scott

 

[Bulldog11]

I think you have 2 different issues here but they seem to be lumping them together,1)personal use grows and 2)commercial for profit grows.
Ohnestly as long as i keep my personal grow rights of 6 per person on my residential property im good,im even ok with capping it at 12 total per residential property if it came to that.
If you want to grow more than that your getting into the commercial realm and you KNOW they want to,and are going to, whether you like it or not,regulate and tax that just like any other for profit business.They dont let you open a manufacturing facility or start a farm in the middle of a residential neighborhood or an area not zoned for it so why would we assume the commercial cultivation business will be any different?
The writing is on the wall,the important thing is to keep our right to grow our own if we choose to and not have some fucking asshole city council or board of supervisors douche choose for you,2016 is gonna be a helluva ride in california.

So in a perfect world, F - taxes and all that. Personal use, nobody should ever get taxed. Commercial, yea, you should get taxed, but also benefit from tax benefits like other legit businesses. I should be able to write off my electricity, greenhouse costs, dirt, nutrients, seeds, water usage, office space, drying space, farm equipment, ext.

However in the world we live in today, the only way to continue in this business is bow down to taxes and regulations. Some regulations will be good, like don't spray toxic chemicals and some will be bad. The one regulation I can't stand is plant numbers. I agree, have a threshold for personal vs commercial, but if one wants to be the Mc Donald's of cannabis, they should be able to.

 

[markscastle]

When is the last time you paid taxes on food or medication? Cannabis is both a food and medication. Nope not going to ever pay taxes on something given by God. It is not in the realm of authority of man to tax ,regulate, control, or prohibit gifts from God !

 

[GrowGod]

When is the last time you paid taxes on food or medication? Cannabis is both a food and medication. Nope not going to ever pay taxes on something given by God. It is not in the realm of authority of man to tax ,regulate, control, or prohibit gifts from God !

Hard to argue against this bulldog! God is above all lol

 

[markscastle]

Hard to argue against this bulldog! God is above all lol

Genesis 1:29, Genesis 2:16 ,Genesis 3:18 ,Genesis 9:3 , Mark 7:18-23 and in many other places in the Bible, Torren, and Koran . It is in the mixture given by God to Moses for Holy oil and was used on Jesus`s feet in an oil mixture after having his feet washed .

 

[markscastle]

I would argue that it is my religious right to grow and consume Cannabis and to charge for my labor and costs without collecting or paying taxes. No income is involved in the selling of cannabis , so no income or other taxes. All money's are computation/donation for expenses. That is my policy and belief.