Medical marijuana patients and growers — making up most of a standing-room-only crowd — vociferously told Yuba County supervisors that banning outdoor pot grows is a bad idea.
"I want to get rid of the criminal element as much as you," grower Chris Ashe told the board during a three-hour Tuesday afternoon supervisors workshop on the county's medical marijuana ordinance. "Everybody in this room wants the same thing, a good quality of life."
The "room" was the Board of Supervisors chambers and the crowd of some 300 people represented opposite ends of the medical marijuana spectrum.
"If you make it more restrictive you will be putting more of a burden on law enforcement and your administration," said Al Owen of Camptonville. "Prohibition has never worked anyplace. It just creates a new class of illegal people."
However, Mike Lee of Dobbins said his quiet foothills neighborhood has changed dramatically since marijuana started being grown. He called for the ban on outdoor grows.
"I have seen our neighborhood go from being nice and peaceful to being a war zone," Lee said. "I have a neighbor who fires an automatic weapon and there has been livestock killed by guard dogs.
"I have seen our neighborhood become a very dangerous place to live."
More than 45 people spoke during the workshop in which the board was presented with three sample ordinances from outside counties seen as potential models for a new local law. All three — from Sacramento, Shasta and Fresno counties — ban outdoor grows in the wake of court rulings that give counties leeway for severe restrictions.
But after three hours of testimony and frequent applause, supervisors didn't discuss any of the model ordinances, nor any of the testimony, and instead delayed further discussion until 3 p.m. Jan. 13.
Board chairman John Nicoletti asked Deputy County Counsel John Vacek to take the lead in "researching" comments made during the hearing.
Supporters of the existing ordinance said changing it would punish those who comply, provide a hardship for those who grow marijuana for medical reasons and deprive the county of jobs.
"Outlawing them isn't going to stop them," said Sam McConnell, president of the Yuba County Growers Association. "What it will do is create a black market and a more violent market."
Those who want a more restrictive ordinance say Yuba County's more liberal law has resulted in the county becoming a magnet for illegal marijuana activity. It has reduced the foothills quality of life, they maintain.
"In looking at the situation now, I really feel the only model you can adopt now is the Fresno County ordinance," said Buck Weckman, who last month presented a petition to the board containing 245 names of people favoring an outdoor ban.
The Fresno ordinance, which has been challenged by seven lawsuits since it was adopted earlier this year, bans all growing.
Yuba County's ordinance, adopted in 2012 with the help of the Growers Association, allows 18 outdoor plants on parcels of less than an acre, 30 on 1 to 5 acres, 60 on 5 to 20 acres and 99 on 20 acres or more. There are also specifications related to setbacks from schools and property lines and a requirement for 6-foot fencing.
Lien placed on Olivehurst property
Yuba County supervisors, a couple of hours before the workshop on their medical marijuana ordinance, imposed a $13,213 lien on an Olivehurst property in which 49 allegedly illegal plants were grown.
Supervisors voted unanimously to record the lien for penalties assessed against Mohammad Khan, owner of the Sun Avenue property. The board rejected an argument from Khan's attorney, Charnel James, that he shouldn't be assessed because he was unaware somebody leasing the property was growing marijuana.
The violations allegedly took place last September.
"For me it's pretty simple," said Supervisor Mary Jane Griego. "That's his property. Those were plants growing on his property. It's a violation of the ordinance."
The violation in this case was there was a marijuana grow on property that did not contain a permanent residence.
James argued there is language in the county's ordinance she said states the landowner has to be aware of the plants to be fined. But Jeremy Strang, division manager of the county's code enforcement division, said he believes Khan "had prior knowledge of the ordinance and its requirements."
Khan did not attend the hearing.
