Regulating Medical Marijuana

By Bruce McPherson, County Supervisor 5th District

As a long-time supporter of allowing access to medical marijuana, I am very pleased that the Board of Supervisors has taken steps to allow patients to have safe access to regulated dispensaries. At the same time, we have also taken groundbreaking steps to regulate the cannibus growing operations that are disrupting our neighborhoods and devastating the environment.

The regulations that we have crafted focus on what can be done, not what can’t be done. The regulations will enact rules on the operation and location of dispensaries, will place restrictions on dispensaries, limit neighborhood residential pot operations and require outdoor grows to comply with environmental laws.

The proposed rules are scheduled to come back before the Board of Supervisors for consideration and possible approval on October 22. If approved, they will take effect in November and then, after six months, will return to the Board for review and to see if adjustments are needed.

Santa Cruz County’s medical marijuana regulations are an attempt to walk the legal line between conflicting state and federal regulations. Under federal law, marijuana is illegal, but California voters have repeatedly stated a desire to allow it to be used medicinally. The Board of Supervisors approved regulations regarding dispensaries three years ago. Those regulations never went into effect. Instead, the County passed a moratorium on new dispensaries and waited for the legal process to play out.

During that moratorium, a number of grow houses have sprung up in neighborhoods, pot farms have proliferated in the Santa Cruz Mountains, and dispensaries have opened their doors, sometimes close to schools.

As currently drafted, the new rules would prohibit dispensaries within 600 feet of schools or each other, and prohibit them near parks that have playground equipment. They also restrict hours and signage. Existing dispensaries not in compliance with the new location rules would have six months to move to a new site.

Cannibus grows in homes would be restricted to 100 square feet. This means that homes that are now completely devoted to growing marijuana will not be allowed.

Likewise, outdoor marijuana gardens would be limited to 1,000 square feet and would have to comply with the County’s environmental laws. Currently there are dozens and dozens of marijuana “grow” sites which, I can tell you from firsthand observation, have caused unbelievable environmental degradation. Hillsides are being sliced and graded horribly and creeks and streams are being sucked dry to feed the plants, resulting in limited, and unacceptable, water quality. With virtually impassable roads, this presents a fire catastrophe just waiting to happen.

Similarly, some neighbors and visitors are in fear of conditions where they hike and law enforcement officers are literally at the ready when to respond to a reported illegal grow.

The proposed new regulations will give clarity to our local regulatory and enforcement officers while providing reasonable guidelines for them to follow in fulfilling their duties.

How we are going to enforce the rules is still undecided. I believe the rules should include a funding mechanism because this is going to be a costly measure to regulate.

I look forward to seeing the next draft of this ordinance when the matter returns to the Board on October. 22.

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To contact Supervisor McPherson — Tel#: 831-454-2200 Email: bruce.mcpherson@co.santa-cruz.ca.us