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Fresno County cannabis ban: Fresno County cannabis ban: Issues and alternativesIssues and alternatives

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FresnoCannabis.org

Overview

Fresno County supervisors will vote Jan. 7 to ban ALL CANNABIS CULTIVATION

Overview


➲ Background: Hundreds of large grow sites, citizen complaints, spotty enforcement.

Overview



➲ Review of California cannabis laws: Proposition 215 and SB 420.

Overview




➲ Review of current county ordinance.

Overview





➲ Review of the proposed ordinance.

Overview






➲ Environmental/ag considerations.

Overview






➲ Environmental/ag considerations.

➲ Open government and due process.

Background

Hundreds of large cannabis gardens create problems for neighbors, law enforcement.

Background


This 2013 raid near Sanger seized >10,000 plants.

Background


➲ Complaints include nuisance odors, pumping from depleted aquifers, frequent reports of shootings, theft and other criminal behavior.

Background



➲ Because grow sites are nominally compliant with state cannabis laws, investigative and enforcement options can be limited.

Background




➲ Only a fraction of gardens are abated.

Background




➲ Only a fraction of gardens are abated.➲ Conclusion: County law is ineffective.

Background




➲ Only a fraction of gardens are abated.➲ Conclusion: County law is ineffective.➲ Hypothesis: Fines will reduce problem.

California cannabis laws

The Compassionate Use Act (Prop. 215) was enacted by California voters in 1996.



➲ Created affirmative defense to state criminal statutes prohibiting cannabis possession and cultivation …



➲ Created affirmative defense to state criminal statutes prohibiting cannabis possession and cultivation … ONLY.




➲ No immunity from arrest or prosecution.





➲ Defense available only to “qualified patients” and “primary caregivers.”






➲ No provision for collective growing.






➲ No provision for collective growing.

➲ No statewide rules or regulations.


The Medical Marijuana Program Act (Senate Bill 420) was enacted by the California Legislature in 2003. Its goals:



➲ Clarification of scope of Prop. 215.




➲ Facilitate prompt IDs of qualified patients.





➲ Provide guidance to law enforcement.






➲ Promote uniformity among counties.






➲ Promote uniformity among counties.

➲ Enhance safe access by providing for collective cultivation projects.


Senate Bill 420 made several changes:



➲ Created a voluntary state ID card program, overseen by county health departments.




➲ Expanded affirmative defense to include possession, possession for sale, cultivation, transportation, maintaining a drug house and creating a public nuisance.





➲ Barred arrests for state ID cardholders, unless other crimes observed.





➲ Barred arrests for state ID cardholders, unless other crimes observed.

➲ Set 6-plant cultivation threshold.

Fresno County cannabis laws➲ In July 2010, the Board of Supervisors

passed an urgency ordinance banning medical cannabis dispensaries.



➲ One month later, the moratorium was extended to July 2012.




➲ In August 2011, supervisors permanently banned dispensaries, placed heavy restrictions on cultivation facilities, and banned consumption except at home.





➲ The legality of the law is in dispute.





➲ The legality of the law is in dispute.

➲ Trial is set for February 2014.

Fresno County cannabis laws➲ In September 2013, the Fresno County

Sheriff's Department proposed a new law similar to Kern County's ordinance.



➲ The proposed Fresno County law set fines of $1,000/plant/day in excess of 12 plants.




➲ The proposed law allowed violations to be charged as criminal misdemeanors.





➲ The sheriff was granted discretionary authority to impose even higher fines.





➲ The sheriff was granted discretionary authority to impose even higher fines.

➲ Warrantless property inspections.

Fresno County cannabis laws➲ In October 2013, the Board of Supervisors

backed away from the 12-plant limit and directed county counsel to come back with an ordinance banning all cultivation.



➲ The first reading of the total growing ban was heard on Dec. 10. The board rejected an alternative plan to allow small-scale cultivation in homes and outbuildings.




➲ The ordinance comes back Jan. 7 for second reading and final passage.




➲ The ordinance comes back Jan. 7 for second reading and final passage.

➲ The ban takes effect 30 days later.

Fresno County cannabis ban➲ Applies to indoor AND outdoor growing.


➲ Zero plants are allowed, regardless of recommendation or medical need.



➲ Violations can be charged as criminal misdemeanors, punishable with fines and/or jail terms of up to six months.




➲ Fines start at $1,000 per plant, PLUS...





➲ $100 per plant per day if not abated.






➲ Court costs and “maximum” interest.






➲ Court costs and “maximum” interest.

➲ Property liens for unpaid fines.

Environmental/agricultural➲ Fresno County planners have prepared a

“Negative Declaration” for board approval.



➲ The “neg deg” says the growing ban will not negatively impact the environment.




➲ Wake-up call: Between 3% and 8% of all household electricity in California is used to grow cannabis with high-intensity lighting, air conditioners and other costly equipment.




➲ Wake-up call: Between 3% and 8% of all household electricity in California is used to grow cannabis with high-intensity lighting, air conditioners and other costly equipment.

➲ Outdoor growing bans (and total bans) drive growers indoors, boosting the generation of greenhouse gases.

Environmental/agricultural

Environmental/agricultural➲ Fresno County is the richest agricultural

county in the world, but some farmlands suffer from high salinity and/or lack of water.



➲ In September, Gov. Brown signed SB 566, the California Industrial Hemp Farming Act. The bill clears the way for hemp farming in the Central Valley with federal approval.




➲ Adult-use cannabis was legalized by Washington and Colorado, and California will follow suit in 2016.




➲ Adult-use cannabis was legalized by Washington and Colorado, and California will follow suit in 2016.

➲ Sustainable outdoor growing is best for patients, farmers and the environment!

Open government / due process➲ The Fresno County supervisors and sheriff

have gone “rogue” by refusing to observe California's medical cannabis laws.



➲ The ordinance is being fast-tracked around the Fresno County Planning Commission, so planners have no ability to provide input.




➲ Heavier fines for growing cannabis than for all other categories of “public nuisance.”





➲ No substantial evidence to support findings of no environmental impact.





➲ No substantial evidence to support findings of no environmental impact.

➲ County can't enforce existing laws.

What's next...➲ Public comment period for Initial Study 6770

ends on Dec. 27, 2013.



➲ The staff recommendation to adopt the Negative Declaration will be presented to supervisors on January 7, when the ordinance comes up for a final vote.




➲ If passed as expected, the total growing ban takes effect on or about February 7, 2014.




➲ If passed as expected, the total growing ban takes effect on or about February 7, 2014.

➲ A legal challenge to the ban is likely.

Fresno County cannabis ban: Fresno County cannabis ban: Issues and alternativesIssues and alternatives

Presented by

FresnoCannabis.org