The detractors of Measure B are making one last ditch effort to spread false information about the ballot initiative on marijuana.
"The last-minute claims by the No on Measure B campaign that Measure B is unconstitutional are absurd," said Yes on B Coalition spokesman Ross Liberty.
"The No on B group knows that the voters of Mendocino County are prepared to take a huge step to limit the negative effects of marijuana production," said Liberty. "The No on B campaign is desperate and they are grasping at straws to try to confuse the voters."
"The recent appellate court decision, People v. Kelly, that is cited by the No on B group is being appealed by the Attorney General to the State Supreme Court where it will likely be reversed or modified because it conflicts with previous Supreme Court decisions," said Liberty.
"Regardless of how the courts and legislature set medical marijuana limits, Measure B simply says that Mendocino County's limits will be the same as the rest of the state instead of being vastly higher, as they are now. Measure B also repeals Measure G which told our law enforcement to make all marijuana laws the lowest priority," said Liberty.
"Repeal of Measure G, which made us a magnet for commercial growers, is the most important part of Measure B," according to Liberty.
The two parts of Measure B--repealing Measure G, and setting medical marijuana limits the same as the state--are "severable" under law, meaning that if either one was found illegal, the other part remains valid.
Liberty added, "For the No on B campaign to say that the appeals court decision makes Measure B unconstitutional is just silly. Since when is it unconstitutional for the voters to fix a mistake they made with Measure G by repealing it?"
"This is just a continuation of the campaign of intentional deception that we have seen from the beginning from the No on B campaign," asserted Liberty.
"They have lied about Measure B by saying it targets medical patients and won't do anything about the large growers.
They misrepresented Sheriff Allman's position in a failed attempt to claim it would be a burden on law enforcement. Their supporters have filed bogus lawsuits and stolen our signs in an effort to prevent the voice of the people from being heard and they have bought space on every phony slate mailer out there.
This has all been an effort to deceive and confuse the voters. But we believe the voters won't be fooled. They are fed up with the damage commercial marijuana growing is doing to our County and they know Measure B is the best solution available," said Liberty.
Measure B - Listen/View online
- WATCH - Measure B debate / MCTV (cable ch 3) -- 05.05.08 - 8:15pm & 05.06.08 - 7:00pm
- LISTEN - Yes on Measure B / KMEC - 04.15.08
- LISTEN - Measure B debate / Ukiah City Council - 04.14.08
- WATCH - Measure B debate / Ukiah City Council - 04.14.08
- LISTEN - Measure B / KZYX - 04.10.08
- LISTEN - No on Measure B / KMEC - 04.08.08
What is Measure B & why is it needed?
Quotes of interest
-- Tom Allman, Mendocino County Sheriff, when speaking on marijuana laws (Press Democrat 06/06/07)
“The citizens of Mendocino County deserve clarity with respect to marijuana cultivation limits and enforcement against abuses...”
-- Laura Hamburg, No on Measure B, (March 12, 2008)
On the question of marijuana & methamphetamine in Mendocino County:
DeVall, Host
“…have you found an interconnectedness?”
Loren, panel member,
“The connections that I’ve seen with methamphetamine and marijuana is…I was doing runs down to the city with pounds of weed to trade straight across for methamphetamine that I was bringing back, so to say ‘yes' it does fund some of the methamphetamines that are coming into this county, because to trade straight across I mean, we’re bringing huge amounts back for no cash. We are just growing weed and trading it…
--- KZYX , The Access Program live interview, Ukiah CA, 03/07/08
Section 9:
School, district and community barriers to improvements in student achievement:
"The prevalent use and societal acceptance of marijuana is a unique challenge to this area."
--- Dennis Willeford, Principal of Ukiah High School, Single Plan for Student Achievement at Ukiah High School report as revised November 7th, 2007 to the Ukiah Unified School District Governing Board.
"Growers have come to Mendocino County from out of state because they erroneously believe it's legal to grow marijuana there."
--- Susan Jordan, Attorney (Press Democrat 06/06/07)
Wednesday, May 28, 2008
DON'T be fooled by More false information from No on B Campaign!!!! No on B tries to confuse voters
Thursday, May 1, 2008
District Attorney Meredith Lintott endorses Measure B
Meredith Lintott issued the following statement April 30:
Today I am announcing my endorsement for Measure B. I do so because Measure B is consistent with the protection of the rights of legitimate medical marijuana patients and will provide consistency in the law which will greatly assist in the successful prosecution of commercial growers.
As a candidate for District Attorney I pledged to protect the rights of medical marijuana patients and caregivers. I also said I would prosecute those who abuse the protections given to medical marijuana as a cover for commercial growing.
As District Attorney, it is obvious to me that Measure G has become a barrier that greatly complicates the prosecution of solid cases, even where there is overwhelming evidence of commercial cultivation, possession, transportation and sales. The defense attorneys never fail to cite Measure G as a defense for those charged with violating the laws against commercial marijuana. This is true even for the largest growing operations.
Measure G was widely considered to be an advisory measure when it passed, but was later codified as part of the Mendocino County Code. More recently the Board adopted the 25 plant limit from Measure G as the standard for the County, although there is some question whether or not the action of the Board adequately covered all the legal bases.
Measure G, if it is law at all, is bad law because it is internally inconsistent and its major provisions are of dubious legality. Most significantly, it is in direct conflict with state law and defense attorneys are skillful at emphasizing conflicts in the law in order to create doubt on the part of jurors.
As a prosecutor, Measure B will make my job easier by providing consistency in the law. I also believe the state limits protect the rights of medical patients and therefore no legitimate medical patient will suffer if Measure B passes. Otherwise, I would not support Measure B. The current situation threatens to create a backlash that would undermine support for legitimate medical marijuana.
I will accept the passage of Measure B as a mandate from the public to focus marijuana enforcement and prosecution activities on the large commercial growers and those that are endangering public safety and harming the environment. I will also challenge the public to support adequate funding for enforcement and prosecution so that Sheriff Allman and I can carry out the mandate of the public to go after the commercial growers that are harming our county and our environment.
Meredith J. Lintott
District Attorney
Friday, April 11, 2008
YES on Measure B kicked off of KZYX!!!!
KZYX isn't happy with me...
This morning I talked with Belinda at KZYX after calling the station to talk to program manager Mary Aigner to congratulate her on her participation in my program last night on Measure B with Ross Liberty (Yes on B) and Keith Faulder (No on B) . Mary, I was told wasn't there but, boy, Belinda (Station Manager) wanted to talk to me. She said the folks at KZYX were very upset that I got involved in expressing my own opinions during the hour and that Mary had been suspended for speaking out on problems with commercial pot growing. As soon as Mary (who was running the board for me and there to do pledge drive breaks) started saying her own Anderson Valley neighborhood had been overtaken by pot growers the staff at KZYX went nuts, signaling to her over and over to shut up. She didn't.
Mary never said, "Vote for Measure B." She simply stated that problems with commercial pot growing were real and she'd seen them first hand. Suspending her for that, it seems to me, borders on a serious First Amendment violation. (I wonder, if Mary had said something like, "It's been my experience that medical marijuana patients really have a problem finding supplies" she would be under suspension right now.)
For some reason there was a real crowd at the station last night, I assume because they're in the middle of pledge drive. The crowd, I am told from someone standing among them, was also going crazy trying to get me to shut up too. One woman actually put a note to that effect up to the broadcast booth window, but I didn't have my glasses on and couldn't see it.
Anyway I wouldn't have shut up. I said at the beginning of the broadcast that I was a fervent B supporter and that would be clear during the show. For some reason the folks at KZYX assumed I was simply hosting some kind of non-partisan debate on Measure B. I would never have agreed to that. First I am not unbiased about it. That is why I stepped aside from my usual role as moderator for the forum the Daily Journal is hosting May 8 with the American Association of University Women and the National Women's Political Caucus. Plus, I express my opinions on my monthly show all the time. Why would last night be any different?
Belinda (I am sorry but I don't know her last name and the staff isn't listed on the station Web site) told me that all programmers are forbidden from expressing opinions on anything on any up-coming ballot as they are officially representatives of the station when on the air. She said that's an IRS rule and an FCC rule.
I have to say I find this odd given the dedicated bias of KZYX, NPR and other public radio sources on any number of left of center issues. They defend it saying they are basically the voice of the non-mainstream and that's their mission.
Belinda said she would send me a copy of the rules.
She said I am suspended from KZYX too.
I said, let's just consider it my last show.
Posted by K.C. Meadows on April 11, 2008 08:22 AM
In case you want to comment on these events:
Email comment link: http://www.kzyx.org/joomla/index.php?option=com_chronocontact&chronoformname=DJ
Surface mail:
P.O. Box 1,
Philo, CA 95466
Station manager: Belinda Rawlins
Board of Directors:
Anderson Valley
· David Hoppman (2007 - 2010)
· David Jackness (2007 - 2009)
Coast
· Mike Grady, President - (2005-2008)
· Jim Culp (2007)
Inland
· Jane Futcher ,Vice President - (2005-2008)
· Eric Enriquez, Secretary - (2006-2009)
At-Large
· Tony Miksak- (2006 - 2009)
· Claire Lobell (2007 - 2010)
Programmer-Elected Board Member
· Doug Livingston (2007 -2010)
Thursday, April 10, 2008
County can't continue to go it's own way
To the Editor:
First, we had federal law, which said marijuana is illegal. But in the sixties the feds only went after the local growers a little and there were few arrests.
Then, through the seventies and eighties, pot was still illegal and we had planes and helicopters in the air making it a little harder to grow, but it was still profitable for many.
In 1996 California plus some other states decided to go against federal law and declare the smoking of pot for "medicinal purposes" legal. This "Medical Marijuana" campaign has continued since then despite federal laws and published letters from the AMA and the FDA stating that consuming all the poisons that are inseparable with the act of smoking pot is not medicinal at all. When California decided to ignore federal law the state's pot industry became ten times larger.
During the last 12 years, Mendocino County has taken it upon itself to oversee the regulation of marijuana laws for the county, which say 25 plants are OK (but nobody's looking). Then we had a handful of alleged "doctors" come into Mendocino County and sell tens of thousands of their recommendations, (not RX slips as were required), for pot growing.
When Mendocino County decided to ignore federal and state laws the pot industry again became ten times larger. Doesn't this make Mendocino County Board of Supervisors responsible for everything that has occurred since the county, in essence, said "To heck with federal and state Law"? Doesn't the Mendocino County Board of Supervisors and local law enforcement have some obligation for public safety?
Ignoring all the laws against growing pot made some local politicians very popular. It made the pot growers and many of our local officials very rich. I think all the people who got extremely rich from illegal pot growing owe a huge debt of thanks to the ones who made most of this possible, that's right, the little people. After all, more than seventy percent of the tens of billions of dollars in pot profits that now pour into Mendocino County every year come from young kids under the age of 18 from all across the country.
Here's a question. What if Measure B passes, and like before, the police don't enforce it and the growers don't obey it? Then what? Could it be that Mendocino County is letting this measure go through simply to transfer the responsibility for local drug dealing back on the shoulders of the state? Can all those officials in Mendocino County who profited from criminally mishandling illegal drug dealing for 12 years get away with if that easy?
We'll see.
Now we can all go back to forgetting about the little people.
Marc Parsley
Willits
Thursday, March 27, 2008
MAKE SURE YOU KNOW THE LAW IN MENDOCINO COUNTY
The Mendocino County Board of Supervisors has adopted a policy and ordinance
regulating the cultivation and possession of medical marijuana.
Each qualified patient or caregiver acting for the patient will be allowed as follows:
• No more than 25 growing marijuana plants, regardless of age, size or condition of
the plants.
• No more than 25 growing marijuana plants per qualified patient, either indoors or
outdoors, per legal parcel, regardless of the number of qualified patients or
caregivers who live on that parcel. A “legal parcel” is defined as a unit of land for
which one legal title exists.
• No more than two pounds of processed marijuana per patient.
Wherever medical marijuana is grown, a copy of a current and valid, state-issued medical marijuana card or physician recommendation may be displayed in such a manner as to allow law enforcement officers to easily see the card without having to enter any building of any type.
Any person who is not the legal owner of a parcel and who is cultivating marijuana on
said parcel shall give written notice to the legal owner of the parcel prior to commencing cultivation of marijuana on said parcel and shall post notice at the cultivation site that the landowner has been informed.
The cultivation of marijuana, in any amount or quantity, shall not be allowed in the
following areas:
• Within 1,000 feet of a youth-oriented facility, a school, or a park; or
• Within 1,000 feet of any school bus stop; or
• Within 1,000 feet of any “church”.
All marijuana grown outside of any building must be fully enclosed by a fence at least six (6) feet in height. The fence must include a lockable gate that is locked at all times when a qualified patient or caregiver is not in the immediate area. Said fence shall not violate any other ordinance, code section or provision of law regarding height and location restrictions.
For further information on these ordinances, go to the Mendocino County Sheriff’s Office website: http://www.mendocinosheriff.com. Click on the Services link, then select Medical Marijuana.
Measure B on the June ballot will provide:
The state limit, presently 6 mature plants and 8 ounces of processed marijuana per patient, will replace the higher 25-plant limit that has existed in Mendocino County since 2000. This will stop Mendocino County from being a “magnet" for marijuana growers who move here for quick profit.
-> That Measure G is repealed.
"Measure G ordered the sheriff to make enforcement of all marijuana laws his lowest priority, below even jaywalking. Prosecutions for less than 25 plants “per single case” was prohibited. Measure G discourages law enforcement and the Board of Supervisors from stopping abuses and threats to health and safety. Whenever the County tries to impose any limits on marijuana growing, the “no-limits” marijuana lobby threatens to sue for “violation of Measure G.”
Please send donations to
759 S. State Street #114
Ukiah, CA. 95482
YesOnB@pacific.net
Visit YES on Mendocino County Measure B Coalition for more information
Yes on Measure B - What's Happening?
Vote YES on Mendocino County Measure B
May 19 -
Last day to register to vote YES on Measure B.
Find my polling location. Enter your address and find your polling precinct and location.
Visit the Mendocino County Assessor - County Clerk - Recorder for more information.
May 7 - 7:o0pm
Measure B community forum
Location: Willits Grange.
May 5
Absentee ballots are mailed.
May 3 - 10:30am
Televised Measure B debate Coast League of Women Voters Measure B Community Forum.
Location: St. Michaels and All Angels Episcopal Church, Ft. Bragg.
May 1 - 6:00pm
Televised Measure B debate
Location: Mendocino Coast Television, Ft. Bragg
April 29 - 7:00pm
Anderson Valley Community Action Coalition
Location: Assembly of God - 14500 Highway 128 in Boonville
City Council meeting, City to vote on endorsing Measure B
Location: City Hall.
April 15 - 7:00pm
Ukiah Valley Chamber of Commerce / Candidates night
Location: City Hall.
April 14 - 6:30pm
Yes on Measure B debate
Location: City Hall.
Thank you for your support in
"Saving Mendocino County"
In our opinion
We've been hearing from readers that the level of outrage over marijuana growing in this county is continuing to rise.
The news of search warrants being quashed and pot growers walking away from court back to local neighborhoods to keep growing, of trucks and cars traveling up and down Highway 101 full of pot, of smart attorneys taking advantage of the mess that Measure G made of our county's desire to be fair to pot smokers and compassionate to the sick and dying, is all taking its toll.
When Measure G passed in the year 2000 the headlines in pro-marijuana publications read: "Marijuana growing legalized in Mendocino County, California!"
That is the message we sent to the world. That was not the message intended by many of the people who voted for Measure G back then and it is one we need to reverse by passing Measure B on the ballot in June.
What we're seeing in the news right now is a good example of why Measure B is so necessary. We need to return safety and sanity to our neighborhoods.
But perhaps most importantly Measure B will send a message back out into the world that Mendocino County is no longer the place to move to with your dreams of pulling in six figures a year tax free in a sweet deal made possible by the unwitting voters in Mendocino County who thought they were just giving a few local pot smokers a break.
In the coming weeks you will hear more about Measure B and you will hear from a group now organized to stop Measure B.
Measure B enacts locally the state standards for medical marijuana: six plants per patient. And remember when someone says "only six plants?" that one pot plant can be 10 to 12 feet tall and three to four feet wide. And they can have more immature plants, and they can get a doctor's recommendation if need be for even more. In other words, the state's regulations, developed by physicians committed to helping the sick and dying, concluded that six plants was plenty for any legitimate medical marijuana patient.
They will tell you Measure B criminalizes marijuana and "targets small-scale personal use growers." False.
Measure B simply reverses the excesses of Measure G, which gave everyone a license to grow as many as 25 pot plants continuously, year round, and led to the off-kilter notion that with the addition of dozens of medical marijuana cards, one could legally grow hundreds of plants anywhere in the county without fear of prosecution. That is where we stand today.
Don't let the "No on B" folks fool you. Measure B will indeed put a crimp on commercial marijuana production. They also argue that 25 plants is not a commercial growing operation. We differ. A 25-plant pot garden is not personal use. Much of that pot is being sold on the open market.
As the closure of the Ukiah medical marijuana dispensary this week showed, there are far more people growing "medical marijuana" than there are local medical marijuana patients.
If the news about the expanding commercial marijuana operations in this county disturbs you, if you support medical marijuana and even personal use, but not the outrageous abuses and the current pot traffic, then plan to vote Yes on B and make the message clear that we want our county back.
Argument in favor of Measure B
With the boom in commercial marijuana growing a crime wave has engulfed our communities. Home invasion robberies, trespassing, impacts to schools, and an influx of guns and attack dogs in residential neighborhoods are commonplace. Young people are increasingly turning to marijuana cultivation as a "career path."
Environmental damage from marijuana cultivation includes spills of diesel fuel and waste oil, dumping of trash, misuse of pesticides and fertilizers, illegal water diversion that has completely dried up some streams, poisoning of wildlife, damage to rural roads and strong odors that have sickened nearby residents.
What has caused this crisis? Much of the blame lies with Measure G, approved in 2000, that told law enforcement that all marijuana laws were the "lowest priority" for law enforcement, even lower than jaywalking.
Measure G discourages law enforcement from protecting us against even the most flagrant abuses by the commercial growers and sends a message to the nation that "marijuana is legal" in Mendocino County.
This has made us a magnet for "get-rich-quick" growers who hide behind medical marijuana as a "cover" for commercial marijuana production.
A "Yes" vote on Measure B does two simple things: it protects the rights of medical marijuana patients by adopting the same limits as state law and it repeals Measure G.
"Yes" on B tells law enforcement that we want protection against the abuses of the "no-limits" commercial growers.
"Yes" on B tells out-of-control growers that they are no longer welcome in Mendocino County.
Help save Mendocino County. Vote "Yes" on Measure B.
Duane Wells , Co-chairman, Yes on B Coalition
D.J. Miller, Co-chairman, Yes on B Coalition
Mari Rodin
Dave Bengston
Ron Orenstein
The rest of the argument
Measure B is a backward step towards marijuana re-criminalization that targets small-scale, personal use growers instead of large-scale commercial operators and organized criminals who are actually causing the problems in Mendocino County.
In 2000, Mendocino County voters overwhelmingly approved Measure G, the Personal Use of Marijuana Initiative, which allows cultivation of twenty--five (25) plants or fewer for personal use only, while leaving commercial cultivation and sales illegal.
Measure B would 1) repeal Measure G so as to re-criminalize personal use growing, and 2) subject medical marijuana patients to arrest and prosecution on felony charges for growing more than six (6) plants, forcing many seriously ill people into the criminal market to get their medicine.
Mendocino County will not be made safer by cracking down on small personal use growers. Instead, it will be made less safe by diverting police resources. Sheriff Tom Allman has said that reducing patient plant guidelines to six plants would be "a burden on law enforcement" under which his deputies "will not be able to focus on any other public safety issue". (Press Democrat 3/17/07)
Mendocino County sorely needs to regulate large-scale gardens and to attack illicit grows and commercial trafficking. Measure B is a bogus diversion that does neither.
The solution is not to repeal Measure G (MCC9.36), but to seek ways to enforce it by regulating commercial growing.
If you support targeting large-scale criminal operations rather than personal use gardens, VOTE NO on B.
If you believe seriously ill patients should not be arrested for seven (7) plants, VOTE NO on B.
If you believe law enforcement has more important priorities than arresting and prosecuting small marijuana gardeners, VOTE NO on B.
If you support decriminalization of marijuana, VOTE NO on B.
B is Bad for Mendocino. Vote NO.
I swear under penalty of perjury that the above NO ON MEASURE B ballot argument is true and correct to the best of my knowledge.
Signed by:
William L. Courtney MD
Catherine Babcock Magruder, Community Cultural Artist/Cancer Survivor
Keith Faulder, Attorney At Law
Peter Keegan MD
Lynda McClure, Union Representative
----------------------------------------------------------------
YES ON MEASURE B
REBUTTAL TO THE ARGUMENT AGAINST MEASURE B
Don’t be fooled by false arguments and misleading quotations.
Measure B protects medical patients - not commercial growers.
The State recommended limits of 6 adult or 12 immature plants, plus ½ lb of marijuana, (more if physician recommended), is more than sufficient for seriously ill patients.
Sheriff Allman is neutral on Measure B, but previously said, “the problem in California is a lack of consistency in the law.” Recently, Sheriff Allman stated “Measure B will not change our focus. Investigating violent crime will remain our top priority. We do not, and will not, target small grows. We will continue to focus on large grows and complaints about growers who create a public nuisance, endanger public safety or trash the environment.”
“YES” ON B repeals Measure G which is inconsistent with state law, and makes Mendocino County a magnet for commercial growers who use medical marijuana as a cover for growing hundreds of plants.
“YES” ON B repeals G, which sanctions commercial quantities of 25 plants for everyone and tells law enforcement that ALL marijuana laws are the “lowest priority” and should not be enforced.
VOTE “YES” ON B - repeal G and end the hypocrisy that tells our kids it’s OK to break the law as long as you make money.
VOTE “YES” ON B - tell law enforcement and elected officials we want to feel safe in our homes and neighborhoods and we want our children and the environment protected from commercial growers who are motivated only by quick profit.
more information: www.YesOnBCoalition.org
s/Dave Turner, Fort Bragg City Council member
s/Karen Oslund, Willits City Council member
s/Marvin Trotter, M.D., Emergency Room Physician
s/Karin Wandrei, Ph.D., Executive Director, Mendocino County Youth Project
s/Robert Werra, M.D., Hospice Medical Advisor
FULL Text of Measure B
[Note: In response to a petition from 1,000 citizens, along with resolutions by the city councils of Ukiah and Willits, the Board of Supervisors acted on January 8, 2008 to place Measure B on the ballot at the June election for consideration by the voters.]
The People of the County of Mendocino ordain as follows:
THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS.
Section 1 Purpose
The purpose of this ordinance is to eliminate the abuses created by the increased and uncontrolled production of recreational and medical marijuana while protecting the rights of legitimate medical marijuana patients and primary caregivers. It does so by repealing Measure G and establishing guidelines for possession of medical marijuana for medical purposes that are consistent with state law.
Section 2 Findings
1. On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 known as Proposition 215, which permits seriously ill residents of the state, who have a doctor’s recommendation, to use or possess marijuana for medical purposes without fear of criminal liability. Proposition 215 is codified in Health and Safety Code section 11362.5.
2. On November 7, 2000, the voters of Mendocino County approved an initiative known as Measure G (administratively codified as Mendocino County Code Chapter 9.36), the stated purpose of which was to establish a maximum limit of plants and weight for cultivation and possession of marijuana for personal medical and recreational use in Mendocino County, and prohibit the expenditure of public funds for enforcement of marijuana laws against cultivators and users in possession of quantities below that limit, which was identified by the Measure as twenty-five (25) adult flowering female marijuana plants or the equivalent in dried marijuana.
3. On October 12, 2003, the Governor of the State of California signed SB 420. Codified in sections 11362.7 through 11362.83 of the Health and Safety Code, SB 420 was adopted to address implementation of Proposition 215 and to facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals.
4. SB 420 establishes minimum guidelines for the maintenance and possession of medical marijuana. Health and Safety Code Section 11362.77(a)-(f) provides that a qualified patient or primary caregiver may possess no more than eight (8) ounces of dried marijuana per qualified patient and that a qualified patient or primary caregiver may also maintain no more than six (6) mature of twelve (12) immature plants per qualified patient. If a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s needs, the qualified patient or primary caregiver may possess an amount that is consistent with the qualified patient’s needs.
5. Health and Safety Code section 11362.77(c) allows counties and cities to retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits.
6. On August 7, 2007, the Board of Supervisors, in accordance with Health and Safety Code section 11362.77(c) and recognizing the state purpose of Measure G as it related to medical use only, adopted a policy, which allowed qualified patients or primary caregivers to maintain twenty-five (25) plants and to possess no more than two (2) pounds dried marijuana per qualified patient.
7. The effect of Measure G has been to increase public safety issues surrounding the uncontrolled production of marijuana either for medical or recreational use, and has jeopardized the health, safety and welfare of the people of Mendocino County.
Section 3 Repeal of Mendocino County Code Chapter 9.36
Mendocino County Code Chapter 9.36, Cannabis Personal Use Ordinance for Mendocino County, is hereby repealed.
Section 4 Limits for Possession of Marijuana for Medical Purposes
A qualified patient or primary caregiver may possess or maintain for medical purposes only those amounts as set forth in Health and Safety Code section 11362.77 and as amended by State or Federal legislation.
Section 5 Severability
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance.
