Supervisors Hear Reactions To Medical Marijuana Plan

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The Board of Supervisors' Tuesday meeting was filled with community members curious to find out more about the medical marijuana ordinance proposed for unincorporated areas of the county.

After consideration, the Supervisors voted unanimously to waive further reading of the proposed ordinance, and they set a second public hearing on Sept. 10 to consider its adoption.

The ordinance would regulate the number of plants which could legally be grown for consumption by medical marijuana users. Cultivation would be limited to 12 plants, whether mature or immature, and violators would be guilty of a misdemeanor. The fine would be $1,000 per plant per day. The stiffest penalty would be six months in jail. There would also be civil penalties for the owners of land on which illegal grows were discovered.

After listening to a thorough presentation by Ray Framstad, a Merced County deputy sheriff, detailing the out-of-control drug dealing practices by DTO's (drug trafficking organizations) in the absence of regulations in the county, those who stepped up to the podium during public comment expressed support for the proposed ordinance with statements such as, "It's long overdue."

The only criticisms of the proposed ordinance were by a landowner of 400 acres in Snelling who explained that if there were illegal grows on her property, she might not know and wouldn't want to have to police it herself, and a man who thought there should be a special use permit for people selling marijuana to the bedridden users who can't grow their own.

Addressing the Supervisors, Michael Seward of the Hilmar Farm Watch made a suggestion.

He said, "Make it inhospitable for the owner of the property. The teeth of your ordinance needs to be in your civil penalties. Put the onus on the landowners."

He suggested landowners who have illegal grows on their property be subjected to clean-up costs, liens and seizure of the real property, if necessary, in addition to daily fines.

An added complaint was that taking the drug traffickers out of the county would only chase them into the city.

Seward said, "You need a cooperative effort with cities and their law enforcement agencies."

During the meeting, Sheriff Mark Pazin introduced the discussion, describing the proposed ordinance as "prudent" and "well thought out."

Roger Matzkind, the county's chief civil litigator, explained the purpose of the proposed ordinance, saying, "The purpose is to establish reasonable regulations balancing the needs of medical marijuana patients with the public."

He continued, "It will provide consistency and deal with a nuisance. Anything over 12 plants on one parcel would be declared a nuisance."

Framstad, a Deputy Sheriff with a lot of experience in drug-related crimes, reassured medical marijuana users.

He said, "In no way are we trying to take away their right to marijuana for medical use for their illness."

Emphasizing that medical marijuana users would still have an ample supply, he said, "One plant produces one-half to two pounds of marijuana. A patient gets 30 cigarettes a day from 12 plants."

He added, "You can do a three-crop rotation; 12 plants with three rotations per year would be 36 plants a year."

The most compelling part of the meeting was Framstad's descriptions of the atrocities committed on the communities in Merced County by DTO's because of the lack of regulations.

Framstad said, "People are coming from other states to grow marijuana here. They send it back because the profit is higher there."

He continued, "The whole goal is to profit by utilizing Merced County as a grow site and disbursing it to other states."

He described a grow at 7165 Mercedes Avenue in Winton which when uncovered, yielded 200 lbs. of finished marijuana, and a total of 500 to 600 lbs. of hanging marijuana.

Framstad said, "There were several hundred plants and people from three different states."

According to Framstad, large-scale grows have been discovered with loaded weapons found in trees and by open gates where children could come across them, and pit bulls are being used as guard dogs.

Detailing the environmental impact, he said that workers hired to harvest the grows and dry and package the marijuana live in unsanitary conditions at the sites, without restroom facilities.

He added, "You can't tell what pesticides are used or dumped. Bio hazard chemicals are being left at river banks."

Framstad described an Atwater-Jordan grow located by the aviation unit where the grower had painted a fence to blend in with the almond orchard. 300 plants were located, and a watering system. The system took water from the local canal and dumped chemicals back in, which went to the almond orchard's neighbors.

In many instances, the landowner did not know the names of the people growing marijuana on his property.

Describing the danger to community members of the illegal grows, Framstad said that a man in Winton was growing over 100 plants and had a party room in his house. After the sheriff's department recovered the plants, a related homicide occurred on the man's driveway 10 days later. The home was next to the Winton First Southern Baptist Church and another location where children were playing as crimes were being committed.

On the subject of danger to children, during the public comment period, a Hilmar resident read a statement by Alan Peterson, Principal of Atwater High School.

According to Peterson, there has been a drastic rise in marijuana-related incidents among the students. In 2011, there were seven incidents; in 2012, there were 12 incidents; and in 2013, there have been 30 incidents.

At the end of his presentation, Framstad concluded, "We've had several assaults, homicides and home invasions, directly related. With no ordinance in place, I think we're going to see these grows get larger and the criminals get wiser."

As the meeting ended, Board Chairperson Deidre Kelsey said, "This wasn't really an issue 10 years ago. It's come up since the medical marijuana law. I represent an area from Snelling to Gustine, and it's disheartening when I drive across the area and see a metal fence on an ag parcel, and the Sheriff can't do anything about it. I see kids going to school stoned at 8 a.m. Studies show that at their age, it is damaging for their lifetime."

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News Hawk- Truth Seeker 420 MAGAZINE ®
Source: mercedcountytimes.net
Author: Beverly Barela
Contact: Merced County Times | Merced News, Photos, Events & More
Website: Merced County Times | Merced News, Photos, Events & More
 
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