California, Chico

[palmspringsbum]

Community divided on marijuana issue

The Orion Online | By: Mike North | Issue date: 4/8/09 | Section: News


<span class="postbold">Pot for sale?</span>

A recent proposal out of San Francisco to legalize and tax the sale of marijuana has raised questions about the future of the substance in California.

Marijuana has come back into the spotlight recently with San Francisco Assemblyman Tom Ammiano's Feb. 23 proposal to legalize the sale of marijuana, because the tax from the sales could help balance the state budget, he said.

If passed, this proposal would make marijuana available to adults 21 and older for any type of use, not just medical, according to Ammiano's Assembly Bill 390.

Ammiano has served San Francisco for several years, advocating progressive issues, such as universal healthcare, domestic partnerships and immigrant housing. His plan to legalize marijuana has once again raised some eyebrows.

But Quintin Mecke, communications director for Ammiano, said legalizing marijuana would improve public safety by treating it much like alcohol.

Dale Gieringer, vice-chair of The National Organization for the Reform of Marijuana Laws, is one individual who thinks California is moving toward a population that wants less restriction of controlled substances.

NORML, a California-based group, has co-sponsored the medical marijuana initiative and is also a co-sponsor of Ammiano's bill.

Gieringer thinks the legalization of marijuana would be helpful to the economy, but would be far from fixing it altogether, he said.

"This country has deeper economic issues than that; marijuana would be helpful to the economy, but you do have to put in some perspective," he said. "We estimate that the revenues from the Ammiano bill would be over a billion dollars for the state."

The faltering economy has made Californians rethink their stances about marijuana, Gieringer said.

"Does it make sense, with a bad economy, to be spending all this money in a really wasteful and unsuccessful attempt to stop marijuana use when we could be raising money from it?" Gieringer said.

<span class="postbold">Where it all started</span>

In 1996, Proposition 215 passed, allowing patients with certain medical conditions to use marijuana. It was called the Compassionate Use Act and would later be complemented by Senate Bill 420 in 2004, which defines guidelines for medical marijuana use allowed in Proposition 215.

Gieringer thinks that with Ammiano's proposal and the legalization of medical marijuana in 1996, Californians want a government that is less restrictive on substances.

"The government is the last thing to move in that direction," Gieringer said. "They have a tremendous vested interest to proving that they are protecting the public by making anything that is slightly unhealthy a crime."

Gieringer said it may take an initiative to completely legalize marijuana, but he is proud his organization has helped legalize the use of medical marijuana.

<span class="postbold">Inconsistent policy</span>

Although legal in the state of California, medical marijuana is not allowed by the federal government, causing confusion and uncertainty for a lot of people, including Jeff Thomas, chief of clinical medicine at Chico State's Student Health Center.

"It seems like it's a really inconsistent policy," Thomas said.

Thomas has mixed feelings about medical marijuana, he said. It can provide symptom relief, but the drug also releases toxic compounds when smoked, similar to tobacco.

"I think there are certain conditions where medical marijuana is helpful," Thomas said.

Chronic wasting disease, a side effect of cancer and radiation treatment that nausea and vomiting, is an example of when marijuana can be beneficial, Thomas said.

Thomas understands the benefits in terminal cases, but when medical marijuana evaluation companies use back pain and headaches as reasons to use marijuana, "you're really kind of getting on thin ice," Thomas said.

Advertisements for medical marijuana evaluations are found in different Chico newspapers, such as The Orion and the Chico News & Review.

One advertisement uses the slogan, "not just for illness, but for wellness," and offers confidential evaluations for symptoms, such as chronic pain, cancer, migraines "and many more."

<span class="postbold">A police officer's view</span>

Officer Bill Dawson of the Chico Police Department has been on the force for more than 21 years and sees a lot of issues with medical marijuana use in Chico, even though he voted to legalize it.

"There is no control right now," Dawson said. "Anybody and their uncle can grow it."

Dawson has seen a significant increase in crime when it comes to medical and recreational marijuana use in Chico over the past 10 years, especially throughout the student population, he said. College students have even been killed over it.

"I would say because we have more of a party-school atmosphere, there are a lot of issues with medical marijuana," Dawson said. "A lot of students are naive."

The department has dealt with crimes that stem from people who grow medical marijuana - mostly home invasions and robberies.

"It's a very dangerous thing," Dawson said.

Theft resulting from people growing and storing medical marijuana in their residences has caused specific guidelines to be put on the Butte County District Attorney Web site, buttecounty.net/da/215.htm. These guidelines include labeling all marijuana packages and gardens with a copy of the user's recommendation, and reporting any robbery to law enforcement.

Because he is a police officer, Dawson is still seen as an enemy by marijuana consumers who have come up to the front door of the police department, smoking marijuana with their recommendation cards to taunt officers, he said.

The current drug laws, a good growing climate and the young population all contribute the marijuana abuse in Chico, Dawson said. The issue is not one that is going to go away soon, either.

Although Dawson sees medical marijuana as a problem in a school such as Chico State, not all students support the laws.

<span class="postbold">Community perspectives</span>

Jeremy Ballard, a 26-year-old senior from Lincoln, doesn't like people using marijuana, no matter what health conditions they have, he said.

"I don't want a bunch of hippies smoking marijuana," Ballard said. "Aren't there painkillers for that?"

Ballard, who describes himself as conservative, thinks medical marijuana has alternative motives that many don't know about, he said. But the issue is not divided between conservatives and liberals.

On the other hand, Rick Saideh, manager of The Dungeon, a smoke shop on 132 Broadway St., supports medical marijuana and sees benefits that would help ordinary people, he said. Stress relief from home life and financial situations are some reasons to turn to marijuana.

"Stress relief - it's really important in life," Saideh said.

The Dungeon and the Natural Care for Wellness, a health-service business, both support medical marijuana and each share one possible reason for supporting it: They both profit from the smoking of marijuana.

The Dungeon has more than 100 pipes, bongs and other marijuana-smoking paraphernalia on display in the back room of its shop which is guarded only by plastic chains hanging in front of it and an "18 and over" sign outside. The pipes and bongs sold at the Dungeon range in price from $20 to more than $500 for upper-end models.

Saideh, a dark-haired, middle-aged man, said that although the shop is located near the Chico State campus, most of their customers are not students, but rather older adults.

"My main target is 30 and up," he said.

Saideh's support of medical marijuana does come with an air of caution to anyone who may be looking to abuse it. Negatives, such as body damage over extended periods of use, can occur.

<small>Mike North can be reached at mnorth@theorion.com</small>

[palmspringsbum]

Why not a pot store?

<span class=postbigbold>Holcombe calls for medical-marijuana dispensary in Chico</span>

The Chico News & Review | April 9, 2009


<table class=posttable align=right><tr><td class="postcell"><img class="postimg" align="right"src="bin\holcombe_andy.jpg" title="Chico city councilmember Andy Holcombe"></td></tr></table>If Councilman Andy Holcombe (pictured) gets his way, the city of Chico will begin working to make it easier to grow and obtain medical marijuana legally, rather than making it harder to grow the herb illegally.

That was his response at the council meeting Tuesday (April 7) to a request, contained in an e-mail message from Chico native Michelle Cooper, that the city enact a public-nuisance ordinance prohibiting the outdoor cultivation of medical marijuana. Cooper complained that the plants growing in a back yard two houses down from hers were so large she could see them and that they gave off an “intense” smell.

Holcombe suggested it was more complicated than just prohibiting outdoor growing and merited exploration of all the possibilities, including making medpot more available for legitimate users, perhaps in a dispensary. That way it could bring in tax revenues, he said.

Councilman Larry Wahl quipped, “That could make a good marketing tool: ‘Need dope? Come to Chico!’ ”

The council referred the matter to its Internal Affairs Committee.

[palmspringsbum]

City may regulate medical pot grows

By TONI SCOTT - Staff Writer | The Chicoer
Posted: 10/08/2009 12:00:00 AM PDT


CHICO -- Rebecca Hernandez is a mother of four, a Marine Corps wife and has spent time serving as a PTA member at her children's schools.

She also grows medical marijuana.

At just 30 years old, Hernandez's medical history is extensive, with the Chico resident suffering from lupus and fibromyalgia.

She is undergoing chemotherapy for cancerous tumors that were removed from her uterus and can no longer bear children.

Pain is a part of Hernandez's daily life and something that is assuaged by the medical marijuana she legally grows in her backyard within the Chico city limits.

"It allows me to physically move," Hernandez said. "It's lets me change my child's diapers. It lets me cook for my kids."

But with the Chico City Council exploring the option of regulating medical marijuana grows, Hernandez is just one Chico resident who may have to rethink how she treats her ailments.

At Tuesday night's meeting, the council began considering a potential ordinance to address the reported nuisance of marijuana grows within the city limits.

After receiving several complaints from local residents regarding the smell associated with marijuana during harvest time, the council directed City Attorney Lori Barker to research potential regulations the city could impose on medical marijuana grows.

Barker's report included the suggestion that should the council draft an ordinance, the law requires marijuana cultivation to occur indoors. Barker also advised the ordinances place restrictions on the number of plants grown as well as ensure the plants grown on a specific piece of property are only for the use of the property resident. Several meeting attendees expressed support for the proposal, with Barbara O'Brien telling the council her neighborhood is infiltrated by a "horrific odor" the 30 days during the fall harvest.

"It really has become an extremely difficult month for me to live through," O'Brien said, adding that she suffers from asthma due to the marijuana smell.

Christine Johnson, whose neighbors also grow medical marijuana, said she too is affected by the pungent pot plants.

"It is far beyond a nuisance ... it's sickening. It's making us ill," Johnson said.

The value of one person's illness over another person's is something the City Council deliberated over, with Mayor Ann Schwab saying the right to grow medical marijuana and the right to a positive quality of life is a delicate balance.

"At what point do individual rights infringe on other people's individual rights," Schwab asked.

With the council meeting running past midnight, the council voted 6-1 to refer the matter to the city's internal affairs committee, in order to gain more information before their decision on the potential ordinance.

As part of the research, Councilor Andy Holcombe suggested the city look into the possibility of a community medical marijuana grow. "Let's provide an alternative," Holcombe said, adding that a community garden would "minimize the need" for individual growing and essentially squash the debate over outside grows.

But Hernandez, who said she would rather medicate herself with marijuana than the Vicodin, Oxycotin and Percocet that her doctors prescribe, said it is her right to grow the medicine she needs in her own backyard and a necessity for many like her.

Hernandez said the costs associated with growing pot indoors is quite significant, noting that private insurance does not cover medical marijuana costs and many medical marijuana users are on a fixed income.

Hernandez said the electricity alone to run a grow light inside a home could cost her hundreds of dollars, aside from the equipment she would need to foster the growth of the medicinal plants.

And though Hernandez said most people tend to stereotype medical marijuana users, she said at the end of the day, she just wants the option to ease her pain and help her live her life as a mom and wife.

"I'm not a pot head," Hernandez said. "You're talking to a mom. I'm intelligent. I'm a business woman. And I got a disease that I was not expecting."

Staff writer Toni Scott can be reached at 896-7767 or tscott@chicoer.com.

[palmspringsbum]

Marijuana garden rules before council Tuesday

The Chico Enterprise Record | By TONI SCOTT -Staff Writer
Posted: 10/05/2009 12:00:00 AM PDT


CHICO — Restrictions that could be imposed on cultivators of medical marijuana will be one of the issues to come before the Chico City Council Tuesday.

The council previously directed City Attorney Lori Barker to investigate potential regulations after hearing a number of complaints from Chico residents regarding medical marijuana grows in their neighborhoods.

Barker's report states the primary complaint was "the strong order associated with mature plants" but concerns also included the impact of increased crime in neighborhoods where medical marijuana is grown.

Although Tuesday will serve only as a consideration of Barker's report, should the council be interested in pursuing regulations, Barker said an ordinance outlying those regulations should be drafted and passed in the near future.

Barker recommended the ordinance require indoor cultivation of medical marijuana plants, set limits on the number of plants that can be grown and ensure the plants are for the personal use of a qualified patient residing on the property.

Anyone in violation of the proposed ordinance would be subject to a criminal or administrative citation for an infraction.

The city of Gridley passed an ordinance in 2008 requiring marijuana cultivation to take place inside an enclosed structure. Arcata, Ukiah and Willits also have similar ordinances concerning outdoor marijuana grows.

Tuesday's meeting will also include a report regarding the Concerned Citizens of Chico survey results.

The group, led by longtime Chico resident and business owner Karen Zinniel, sent out 6,000 surveys earlier this year in an attempt to determine how Chico residents feel about a number of issues facing the city.

Although the group is holding a two-hour meeting Monday evening to share the results of the survey, they will also present a condensed version of the results to the council.

The council will also be provided with a report from City Finance Director Jennifer Hennessy regarding the fourth quarter financial update.

The report indicates the city is facing a dramatic decrease in sales tax revenue, with sales activity from April to June of 2009 coming in 18.6 percent lower than sales in the same quarter in 2008.

<small>Staff writer Toni Scott can be reached at 896-7767 or tscott@chicoer.com.</small>

[palmspringsbum]

Dazed and confused

<span class="postbigbold">City Council doesn’t know what to do about medical-marijuana grows</span>

By Robert Speer | roberts@newsreview.com
Chico News & Review | 8 Oct 09


Sometimes, at Chico City Council meetings, the news has as much to do with what is not said as with what is said. Such was the case during the City Council’s late-hour (after 11 p.m.) discussion at its meeting Tuesday (Oct. 2) about backyard medical-marijuana gardens inside city limits.

Earlier this year some neighbors of such grows had complained about the stink the flowering plants give off for about a month around harvest time, saying it destroys their ability to be outdoors in their own yards. They also worried about the crime the grows attracted, in the form of sometimes violent patch pirates.

At the time, the council (with Larry Wahl dissenting) punted, saying the matter of zoning for medpot could be dealt with in the new general plan, still 18 months from completion. But it did ask City Attorney Lori Barker to look at how other cities had dealt with the issue, thinking that might provide some guidelines toward a possible ordinance.

At issue Tuesday was Barker’s finding that other communities—she named Arcata, Ukiah and Willits—had largely solved the problem of individual grows (but not collective or cooperative grows) by requiring that they be done indoors or in secure structures outdoors.

This approach received strong approval from those at the meeting who were bothered by the grows, but was highly unpopular with a similar number of folks present who were growing the herb.

Barbara O’Brien was in the former camp. She lives across the street from a house where pot is grown, and it gives off “a horrific odor that starts in mid-September and lasts until harvest in mid-October.” She has asthma, she said, and because of the odor has to keep her windows closed at night during that period.

Another woman, Christine Johnson, said she gets migraines from the odor from a neighbor’s garden. “It’s not a nuisance, it’s sickening,” she said.

On the other hand, Mark Herrera said this was a case of “not in my neighbor’s back yard,” insisting that people have a right to provide their own medicine.

Another pro-pot speaker, Rebecca Hernandez, opened with the dramatic proclamation, “I’m sick, I’m dying, and I have four kids.” She went on to say her husband was a Marine serving in Iraq who has been fighting for her right to grow the marijuana she needs. “Six plants [the current Butte County limit] is not enough for me, but that’s what I have. … You guys are putting a capitation on my business.”

Quentin Colgan let the council know, in no uncertain terms, that “Smells are a part of life. They happen.” Some people find the smell of marijuana pleasant, he argued.

One of the speakers, Ken Prather, was from Corning, where he operates a medpot dispensary downtown, carefully following the state’s Marijuana Program Act in doing so, he said.

“California state law occupies this field entirely,” he told the council. Reminding it that a court of appeals had recently found, in Williams v. Butte County, that the county had acted illegally in taking out a collective garden, he warned the council that it might face lawsuits if it interferes with patients’ right to grow their medicine.

Other speakers noted that growing indoors under lights is expensive and uses a lot of electricity, contrary to the city’s emphasis on sustainability. “Many of these growers are on Medi-Cal,” said speaker Robin Blue. “They can’t afford it.”

The council seemed confused by the differing positions, and that confusion wasn’t helped when Barker pointed out that the state is rife with court cases dealing with medical marijuana, so the whole situation is in flux.

Some council members also didn’t seem to know much about the product. Councilwoman Mary Flynn, for example, seemed not to know that the valuable part of the plant was the female flower, and that male plants are unwanted because they fertilize the female, thereby producing seeds and lowering quality.

There was also an important question that was never asked: How much money is involved?

For some reason, council members seemed to forget that growing marijuana is a business, and that money is always a factor. Plants grown outdoors do better and produce more buds than plants grown indoors. A single plant grown outdoors can be worth anywhere from $2,500 to $8,000, depending on quality and how the product is sold.

Yes, many people smoke marijuana for legal medical reasons. But it’s naïve to think that’s all there is to medpot grows. Medpot growers can sell what they don’t use (quite legally) to dispensaries like Prather’s or (illegally, but more lucratively) to street buyers. For many, it’s a big part of their annual income.

As the clock struck midnight, the council decided to send the matter back to its Internal Affairs Committee, which has already examined the issue once, and to form an ad-hoc citizens’ advisory group to help draft an ordinance.

Maybe, when they figure out how to handle individual grows, they’ll start working on dispensaries and collective grows. More likely, however, growers and dealers will force the issue sooner rather than later, citing—as Prather did—state laws as their guideposts.