Growing Medical Pot: Legal or Illegal?

By Steve Pastis

Tulare County - Depending on where a person lives, using and growing medical marijuana in Tulare County can be a crime, or not be a crime.

As is the case throughout the state, some local cities have ordinances in place to regulate the legal growing and use of medical marijuana, while other cities do not accept the results of Proposition 215, the “Compassionate Use Act of 1996.” Prop. 215 conflicts with federal law which maintains that all marijuana is illegal in the U.S.
According to California Senate Bill 420 (HS 11362.7), which was drafted to implement Prop 215, medical card-holding marijuana patients are able to legally possess or cultivate up to six mature marijuana plants.

In July 2006, Tulare County started a program to protect medical marijuana patients and caregivers from arrest. The program includes ID cards which are issued by the Tulare County Health and Human Services Agency and must be renewed annually at a fee of $268. Over the past three years, the agency has issued less than 100 medical marijuana cards, according to Allison Lambert, spokesperson.

Individuals interested in utilizing the program must get a letter from a physician recommending the use of medical marijuana. Health and Human Services verifies the information, enters it into the state database and takes a photograph of the patient.
“Anything other than that is outside our scope,” Lambert said, adding that it is up to the patient to get information from the state medical marijuana program offices. “We just act as a gatekeeper, as a liaison for the state office.”

The city of Visalia passed an ordinance in 2005 to regulate the use and growing of medical marijuana, said Fred Brusuelas, Visalia planning director. The ordinance covers how dispensaries are to operate by regulating their location and the use and consumption of marijuana, including its growing.

“We regulate (pot dispensaries) similar to how we regulate adult businesses,” said Brusuelas.

The city allows the legal growing of marijuana, but to be legal, a person must have a prescription to use marijuana and a doctor's letter explaining how many plants they can grow for personal use. Brusuelas said that can be as many as 75 plants and up to four pounds of dried marijuana. The city has no dispensaries, which by state law can grow up to 99 plants. If the dispensary becomes a co-op, it can grow much more.

The city only regulates the growing of medical marijuana by complaint – that is it does not require a person to notify the city if they are growing it. In most instances, if there is a violation, it becomes a code enforcement issue.

“It's an issue that we have that code enforcement is involved with,” Brusuelas said, adding that the city wants the growers to keep the marijuana locked and secure as to not tempt thieves. He said there have been a couple instances where an entire residence had been turned into a marijuana growing operation and those were shut down because that is not an allowable use of a residence in a residential area. However, turning one or more rooms into an indoor garden is allowed if the rest of the home is still used as a residence.

“We have had some entire houses turned into a legal pot garden,” Brusuelas said. “Then it becomes a health and safety issue.”

He added that he knows of at least a dozen complaints regarding the legal growing of marijuana, but there is increasing interest in setting up dispensaries in the city, although the most recent application was denied. That is under appeal. He said the one dispensary that was in town had 1,100 clients.

Frank Furtaw, code enforcement officer with the city of Tulare, said his city has an ordinance regulating both dispensaries and the growing of medical marijuana. It requires the marijuana to be grown indoors and in a locked structure.

He said if there is a complaint, police check it out to determine if it is legal or illegal. If they determine the person has the necessary permission, then code enforcement might be called in to see that they are complying with the ordinance.

The city of Farmersville is currently working to control the growing of medical marijuana. A proposed ordinance would restrict the number of plants grown at a location and only allow indoor growing.

The ordinance is the result of complaints concerning 21 houses within city limits, according to City Manager Rene Miller. One of the houses had eight-foot marijuana plants behind Farmersville Junior High School. There were reports that someone was taking the marijuana and selling it at the school. “That's what got the school district very angry,” Miller said.

Some California cities have used the conflict between state and federal law to side with federal law and keep marijuana illegal. Dan Mueller, code enforcement officer with the city of Porterville, said his city does not recognize the legal growing of marijuana or dispensaries.

The city of Lindsay decided to prohibit medical marijuana dispensaries in the city in January 2006. While Mayor Ed Murray believes that doctors should be able to make decisions about treatments, he noted that federal laws do not allow marijuana use, “and to me that takes precedence.”

“We don't have anything on the growing or distributing of marijuana,” said Exeter Mayor Leon Ooley. “Our stand is you cannot possess or grow it. California says you can grow medical marijuana, but we don't recognize that.”

“This is very problematic,” said Chris Hermes, spokesman for Americans for Safe Access, which promotes safe and legal access to cannabis for therapeutic use and research. “Local governments have skirted state law. One-hundred-twenty cities and counties have banned dispensaries and we believe that this is against the spirit of the state law.”

The League of California Cities offers no guidelines or recommendations about medical marijuana to cities. “Our focus as an organization is lobbying on behalf of cities,” said Eva Spiegel, the group's communications director. She said that last year, the league discussed the issue of taxing legal marijuana as a source of revenues but took no position.

Growing Their Own

Not every medical marijuana patient has the ability to grow their own medication. Some join a caregiver list at a cooperative, collective or clinic and are able to purchase marijuana for their medical needs, at a cost of about $40-$50 for an eighth of an ounce. Insurance doesn't cover the cost.

The Visalia Compassionate Care Center northeast of Visalia sees patients by appointment only, and works toward ensuring that only those who need medical marijuana receive it. It takes doctors' recommendations of up to six plants worth of marijuana and assigns one of the farmers in its cooperative to grow that amount.

“We require documentation of a medical problem that's been previously diagnosed and treated,” said Dr. Jeffrey King, who sees patients at the center. He added that he also tests patients for all drug use to eliminate those who are looking for marijuana for medical use. “People who tend to abuse marijuana tend to abuse a lot of things.”

The center requires a California driver's license or ID showing the person is at least 18 years old. The doctor is then verified. “We check with the California Medical Board if the doctor is new to us,” said King.

Patients leave with no more than a half-pound of marijuana, said Jeff Nunes Jr., CEO of the center, as well as of Medicinal Marijuana Awareness & Defense (MMAD), an information center. He added that the center doesn't want patients them back before their medication is scheduled to run out. “If someone tries to take medication from us then they're taking it away from people who truly need it,” he said. “We have to be vigilant about what we do.”

Marijuana dispensaries are not defined by law, according to Nunes. State law recognizes cooperatives, collectives and clinics. A cooperative includes farmers who grow crops and are considered “associates” to the members. Patients join a caregiver list and a farmer is given a contract to grow what their assigned patients need – by their doctor's recommendation – and no more.

“It's illegal to grow a bunch of marijuana when you don't have a contract,” Nunes said.

The medical marijuana used by MMAD is grown in ag zones, according to Nunes. “That's the right land use,” he said. “We don't grow it in the middle of a city or residential zones.” He added that the marijuana is grown by farmers with “proper equipment and security.”

Medical marijuana farmers can make $4,000 per plant if it is pharmaceutical strength, down to about $1,500, according to Nunes, who described it as “a viable, sustainable excellent buffer crop.” He said those prices were gross and that some farmers face monthly electric bills of $3,000-4,000 and $2,000-$3,000 in fertilizer costs for their medical marijuana crops.

Brusuelas said by law a dispensaries are only non-profit businesses.

MMAD has about 13 farmers, each growing about 500 plants. The farmers send their harvest to “a processing center near the foothills,” said Nunes. The center dries, trims and cures the marijuana and makes sure there are no molds, pests or pesticides.

Some of the marijuana is processed into edible products, such as milk chocolate, sugar-free chocolate, white chocolate, brownies, caramels and fruit-flavored suckers. Some marijuana is put into anti-inflammatory rubs.

Nunes, who has used marijuana to treat his own Attention Deficit Disorder, as well as a back injury, said that studies by medical institutions and the federal government “found that marijuana is a great treatment for cancer,” and that it also helps induce appetite in AIDS patients. It is also used to treat neuropathic pain, nerve damage, diabetes, migraines and post traumatic stress disorders, according to King.

Nunes believes that more regulation is needed for medical marijuana. “If this was regulated, it wouldn't be as 'Wild West-like,'” he said. He noted that marijuana shops have sprung up on the streets of Oakland. “I didn't want that here,” he said. “I want this to be a viable regulated center.”

Currently, medical marijuana is “self-policed,” according to Nunes. “This is why regulation is needed by a public or private entity.”

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Visalia's Ag Mitigation
Ordinance on Hold

By Rick Elkins

Visalia - An effort to come up with a plan to preserve ag land around the city of Visalia has stalled, city officials confirmed this week.

It was hoped the city would have by the end of this year an ordinance that would create an ag land mitigation fee to be paid by developers and designed to preserve farmland in the nation's most productive agricultural region.

However, City Attorney Alex Peltzer said Monday the plan was wrought with problems and similar attempts in the state are being tied up by litigation. And, the plan had a lot of opposition locally, mainly from the Tulare County Farm Bureau and the Home Builders Association of Tulare & Kings Counties.

Some thought the city was abandoning the idea altogether, but Assistant City Manager Mike Olmos said that an email that was sent to those involved with drawing up the ordinance gave the wrong impression.

“We're going to recommend the council put the study on hold to work out some issues,” he said Monday night, confirming the city still hopes to come up with an ordinance.

Darlene Mata, who produces the Visalia Community Forum, a look at the workings of city hall, reported in her newsletter Friday that the ordinance was dead. “Last week, an email was sent out to the Agricultural Land Mitigation Committee stating that the city had decided to no longer pursue an Agricultural Land Mitigation Program at this time. No reason was cited in the email to support this decision.”
Peltzer said it could take up to six months before the ordinance is revived.

“We realized it's not so simple,” said Peltzer, adding it was not possible to instruct the consultant hired to develop a program without coming up with a plan first. That consultant's work has been put on hold as well.

“We need to identify what it needs to consist of,” stressed Peltzer, explaining there is not a template out there for the city to follow.

The city has been working on the ordinance for more than 18 months. At one time, it was a joint effort of the city and Tulare, but Tulare has since gone a different direction, instead looking at an Ag Water Mitigation ordinance.

Tulare County Farm Bureau Executive Director Patricia Stever said the plan had problems from the start.

“We opposed it. It was a real poor plan,” she said Tuesday. She explained that the city's premise of establishing ag lands within the urban area boundary of the city – to develop a greenbelt around the city – was not well thought out.

“I think they were attacking this from the wrong direction and it's good they're going to try and rework it,” said Stever.

The plan would have had developers pay a fee for every acre they develop. That fee would then be used to purchase development rights of ag land from property owners to ensure that land remains in farming. Chris Tavarez, management analyst with the city of Visalia, said at a council study session in May that the city would probably work with a land trust to set up the easements.

Stever, in a letter to Olmos, said the farm bureau favors an agricultural buffer policy where an agreement between landowners and developers can be negotiated.
For several years now, the city of Visalia has been planning on adopting an Agricultural Land Mitigation Program, which would require that a fee be paid or land purchased and put into permanent agricultural easements when developing existing agricultural land. Peltzer said it was so stated in the 1991 general plan update.

Bob Keenan with the Builders Association argued several times before the council that the ordinance was likely to be challenged in court.

He said in May that there is no correlation between the ordinance and saving ag land.

“When ag land is out of production, it is out of production. You can't create new ag land,” he said, then adding that between 1996 and 2006, the county lost just one-sixth of one percent out of 1.3 million acres of ag land. Keenan contents the fee is just that – a fee.

Also, he said in May, developers only build where the city says they can build. “We come in after the city sets the general plan,” he explained. “When does the development community become responsible for converting ag land the city designates?” he pondered.

Mata gave Keenan credit for causing the pause. “Thanks to Bob Keenan's efforts, this program has been dropped for now, but it is doubtful we have seen the last of it,” she wrote in her newsletter.

Peltzer said similar plans are being developed in the state and the pause will allow the city to see what others come up with and how litigation plays out.

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Candidates Share Views on Economic Development

By Rick Elkins

Visalia - Candidates for Visalia City Council all agree – the city needs to stimulate business and job growth. However, little was said during last week's candidates' forum to separate the candidates from each other.

Seven of the nine candidates vying for three open seats attended the forum put on by the Visalia Chamber of Commerce and the Tulare County Hispanic Roundtable. Those attending were incumbents Jesus Gamboa and Greg Collins, and challengers Warren Gubler, Steve Nelsen, Mike Lance, Paul Fry and Dominic Prado. Unable to attend were candidates Mary Wheeler and Andrew Miller.

Glenn Morris, president and CEO of the chamber, explained that the focus of the meeting was economic development and while opinions did vary, most often candidates were in agreement on moving the city forward economically.
After several candidates expressed their belief that the city has fallen behind in growing the local economy, Gamboa began his answer, “Wow, I didn't realize city hall had fallen apart.”

Many of the challengers, while not outwardly criticizing any of the incumbents, said they felt the city has not done enough in the past to stimulate the local economy.

“Other cities have improved their business base and Visalia has not kept up,” said Lane. He called for more mixed-use zoning, especially along Mooney. Lane and Gubler both spoke of a need to focus more on South Mooney Boulevard, with Gubler suggesting the formation of a business district for that area similar to what Downtown Visalia has.

Nelsen said the city “needs to strengthen the city's role” in driving the economy. “It is time again for Visalia to take its place as the hub of the county and the jewel of the Valley,” he said.

Prado, the youngest of the candidates, said the city needs to “get a vision of what's next (in economic growth) and it needs to work on the soul of the city.” He suggested more efforts be directed to improve the economies of the poorer areas of the city, such as the Lincoln Oval.

Collins, who has served on the council 20 years, said his objective has always “been to make Visalia the best in the Valley.” He spoke proudly of his role in attracting Radisson Hotel to Visalia, but said the council cannot do it all.
“We are in charge of setting the table – providing infrastructure – for private business to flourish in this community.”
He also said if a council provides a high quality of life, “I think business structure will provide jobs.”

Gamboa also defended the council, saying the current downturn in the local economy is a product of the national economy. Still, he called for a 15-point plan that includes marketing the city, investing in projects; having an inventory of parcels of various sizes; keeping downtown vibrant; revitalizing the Sequoia Mall; training the local workforce; and fast-tracking the permitting process.

Fry, manager of the Fox Theatre, said it is the council's responsibility to “create an atmosphere that attracts jobs.”
As to why they were running, Gubler said he had been considering it for years and that the time is now right. “I feel I can make a difference,” he said.

Fry touted his 30 years of experience as an accountant as coming in handing in these tough economic times. “And, it's an opportunity to help the city,” he added.

Prado said he was “frustrated” by the politics in the city and called for better conditions for youth in some neighborhoods. “It would be good to have an outsider (on the council),” he added.

Nelsen said he got started on the flood map issue, leading the charge to get the city to take more action when the feds decided to place thousands of new parcels in the flood plain. “Citizens have a right to ask questions. I think a new direction has to come about,” he stated.

Collins said it was part of “his DNA” to listen to people and he feels the city is better off because of his 20 years on the council.

Lane, who has served eight years on the Visalia Unified School District board of trustees, said has done “much of the heavy lifting in the city already.” An example he gave was his efforts to see the formation of a gang task force.

Gamboa, who has served 12 years on the council, used a saying from his dad to explain why he serves. “If you're going to live in a community, get involved.” He touted his efforts to improve the city. “I'm a builder. I'm a visionary. My goal is one Visalia.”

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Federal Stimulus Dollars Put to Work
Visalia Begins Transit Center Expansion

By Rick Elkins

Visalia - Work on Visalia's first stimulus-funded project was officially begun last week with the groundbreaking on the expansion of the city's transit center at Bridge Avenue and Center Street.

“It's been a fun and exciting road to get here,” began City Transit Director Monty Cox Friday. He noted how the city was given $2.66 million in federal stimulus funding for the project.

The city filed for the funding late last year and learned earlier this year that it was to get the money for the transit center expansion. Fortunately, the contract for the project came in nearly a million dollars under bid, allowing the city to use the leftover federal dollars for improvements to the city's transit maintenance facility.

“We've been given permission to amend our grant to include the other facility,” said Cox, who added that project will run about $3 million and the city is looking for other funding sources to make up the $2 million difference.

The transit center expansion will add two more bus lanes on the south side of the transit center and provide 12 new bus stops, giving the city 28 at the center. Cox hopes the project can be completed in less than four months, opening in time for the holiday season.

The expansion will also add new shelters, covered walkways, a public plaza, fountains and street lighting, solar-powered high-efficiency site lighting, storm drainage cleansing at bus lanes and ground water recharging for pedestrian after storm water. Offsite improvements will include widening of Santa Fe, new sidewalks, curb ramps and increased corner radius, providing a gateway entrance into downtown Visalia.

The Transit Center serves as the connecting point between the Visalia City Coach, Dial-A-Ride, Visalia Towne Trolley, Tulare County Transit, Tulare City Transit, Kings Area Rural Transit, Sequoia Shuttle, Orange Belt Stages, Greyhound and the Amtrak bus. In addition, several commercial bus services use the facility

Mayor Jesus Gamboa praised city staff for getting projects “shovel ready” in order for the city to apply for stimulus dollars. The feds required projects be ready to go in order to fund them and he noted that the city has been allocated nearly $12 million already, “and we're not done yet.”

Assistant City Manager Mike Olmos said the next large city project paid for with stimulus money to get started will be the improvements to the Ben Maddox Way crossing over Highway 198.

He too noted the favorable bidding process, saying that “projects are coming in at 50-60 percent of engineer's estimate.” He said bids for the Ben Maddox project should go out before the end of the year.

Cox said in spite of the rate hike the city imposed this summer, ridership of the city's transit system is strong and he expects about a 5 percent increase this year.

“The think what's helping that is the basic services we provide,” he said, noting that more routes have been added this year, including two on Saturday in the northeast section of town.