Home > Uncategorized > Eureka Medical Marijuana Draft Ordinance

Eureka Medical Marijuana Draft Ordinance

[Thanks to Eureka City Manager Dave Tyson for sending the draft medical marijuana ordinance for the City of Eureka. A workshop will be held at the Wharfinger on Jan. 26 @7pm to receive public comment on the draft.]

City of Eureka

SUMMARY OF Land Use Standards for
Medical Marijuana Cultivation and Dispensing

The following is a summary of the Medical Marijuana Land Use Standards that were adopted by the Eureka City Council through Ordinance NO. ______  in __________ of 2010.

Categories:

1.                   Personal Use

2.                   Cooperatives or Collectives

Medical Marijuana for Personal Use: An individual qualified patient shall be allowed to cultivate medical marijuana within his/her private residence in conformance with the following standards:

1.                   Cultivation area shall not exceed 50 square feet and not exceed ten feet (10’) in height.

a.                   Cultivation lighting shall not exceed 1200 watts;

b.                   Gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.

c.                   Cultivation and sale is prohibited as a Home Occupation (sale or dispensing is prohibited).

d.                   Qualified patient shall reside in the residence where the medical marijuana cultivation occurs;

e.                   Qualified patient shall not participate in medical marijuana cultivation in any other residence.

f.                     Residence kitchen, bathrooms, and primary bedrooms shall not be used primarily for medical marijuana cultivation;

g.                   Cultivation area shall comply with the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation.

h.                   The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents.

2.                   City Zoning Administrator my approve up to 100 square foot:

a.                   Documentation showing why the 50 square foot cultivation area standard is not feasible.

b.                   Include written permission from the property owner.

c.                   City Building Official must inspect for California Building Code and Fire Code.

d.                   At a minimum, the medical marijuana cultivation area shall be constructed with a 1-hour firewall assembly of green board.

e.                   Cultivation of medical marijuana for personal use is limited to detached single family residential properties, or the medical marijuana cultivation area shall be limited to a garage or self-contained outside accessory building that is secured, locked, and fully enclosed.

Medical Marijuana Cooperatives or Collectives.

1.                   Allowed with a Conditional Use Permit.

2.                   In Commercial, Industrial, and Public Facility Zoning Districts.

3.                   Business form must be a cooperative or collective.

4.                   Existing cooperative or collective shall be in full compliance within one year.

5.                   Total number of medical marijuana cooperatives or collectives is limited to _____.

6.                   Special consideration if located within

a.                   A 300 foot radius from any existing residential zoning district,

b.                   Within 500 feet of any other medical marijuana cooperative or collective.

c.                   Within 500 feet from any existing public park, playground, day care, or school.

7.                   Source of medical marijuana.

a.                   Permitted Cooperative or Collective.  On-site medical marijuana cultivation shall not exceed twenty-five (25) percent of the total floor area, but in no case greater than 1,500 square feet and not exceed ten feet (10’) in height.

b.                   Off-site Permitted Cultivation.  Use Permit application and be updated annually.

c.                   Qualified Patients.  Medical marijuana  acquired from an individual qualified patient shall received no monetary remittance, and the qualified patient is a member of the medical marijuana cooperative or collective.  Collective or cooperative may credit its members for medical marijuana provided to the collective or cooperative, which they may allocate to other members.

8.                   Operations Manual at a minimum include the following information.

a.                   Staff screening process including appropriate background checks.

b.                   Operating hours.

c.                   Site, floor plan of the facility.

d.                   Security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification.

e.                   Screening, registration and validation process for qualified patients.

f.                     Qualified patient records acquisition and retention procedures.

g.                   Process for tracking medical marijuana quantities and inventory controls including on-site cultivation, processing, and/or medical marijuana products received from outside sources.

h.                   Measures taken to minimize or offset energy use from the cultivation or processing of medical marijuana.

i.                     Chemicals stored, used and any effluent discharged into the City’s wastewater and/or storm water system.

9.                   Operating Standards.

a.                   No dispensing medical marijuana more than twice a day.

b.                   Dispense to an individual qualified patient who has a valid, verified physician’s recommendation. The medical marijuana cooperative or collective shall verify that the physician’s recommendation is current and valid.

c.                   Display the client rules and/or regulations at each building entrance.

d.                   Smoking, ingesting or consuming medical marijuana on the premises or in the vicinity is prohibited.

e.                   Persons under the age of eighteen (18) are precluded from entering the premises.

f.                     No on-site display of marijuana plants.

g.                   No distribution of live plants, starts and clones on through Use Permit.

h.                   Permit the on-site display or sale of marijuana paraphernalia only through the Use Permit.

i.                     Maintain all necessary permits, and pay all appropriate taxes.  Medical marijuana cooperatives or collectives shall also provide invoices to vendors to ensure vendor’s tax liability responsibility;

j.                     Submit an “Annual Performance Review Report” which is intended to identify effectiveness of the approved Use Permit, Operations Manual, and Conditions of Approval, as well as the identification and implementation of additional procedures as deemed necessary.

k.                   Monitoring review fees shall accompany the “Annual Performance Review Report” for costs associated with the review and approval of the report.

10.        Permit Revocation or Modification. A use permit may be revoked or modified for non-compliance with one or more of the items described above.

  1. January 20, 2010 at 10:22 am

    City of Eureka Press Release

    On Tuesday, January 26th, from 7:00 to 9:00 the City of Eureka will be hosting a community workshop at the City’s Wharfinger Building to provide information to the public related to a proposed ordinance related to the regulation of the cultivation of medical marijuana and formation of medical marijuana collectives. The ordinance is not intended to interfere with a patient’s right to medical marijuana, as provided for in California Health & Safety Code Section 11362, nor does it criminalize medical marijuana possession or cultivation by specifically defined classifications of persons, pursuant to state law.

    Background: In 1995, the California voters approved Proposition 215, known as the “Compassionate Use Act of 1996.” This law is codified in Health and Safety Code Sections 11362 et seq. The intent of the proposition was to enable persons wanting marijuana for medical purposes to obtain and use it without potential for criminal prosecution under limited and specific circumstances. In 2003, the California Legislature enacted SB 420, codified as Health and Safety Code Section 11362.7 through 11362.83, which attempted to implement Proposition 215 and provide additional legal protections and limitations. Under the law, patients or primary caregivers who possess, use or cultivates (either solely or collectively) medical marijuana shall not be subject, on that sole basis, to criminal liability.

    Under these state laws, various non-profit organizations have been established to operate medical marijuana collectives as the “primary caregiver” to medical marijuana patients. These collectives are located and operated in hundreds of locations throughout the state, operating not unlike a retail store to members as part of a patient and caregiver “collective”.

    Several cities in California have acted to allow medical marijuana collectives but have imposed regulatory permit requirements on their operations and many cities, like Eureka, have moratoria on dispensaries while they develop their own community specific response to these types of facilities. Applications for medical marijuana collectives have been anticipated by the City and recently we did receive an application for the approval of a medical marijuana dispensary.

  2. "HENCHMAN OF JUSTICE"
    January 20, 2010 at 10:23 am

    Darn,

    I am only three lines down in the draft and see major concerns!

    Jeffrey Lytle
    McKinleyville – 5th District

  3. High Finance
    January 20, 2010 at 10:51 am

    Why can’t we have an Eureka City Council with the balls & backbone of Fortuna’s?

    NO pot houses, NO pot clinics. Just say NO to pot and all illegal drugs. Our kids are watching the message we send.

  4. January 20, 2010 at 11:09 am

    What if the drugs aren’t illegal?

  5. "HENCHMAN OF JUSTICE"
    January 20, 2010 at 11:15 am

    1. Personal Use

    Medical Marijuana for Personal Use: An individual qualified patient shall be allowed to cultivate medical marijuana within his/her private residence in conformance with the following standards:

    Response – draft needs to separate indoor and outdoor grow areas.

    1. – what is reasoning on 50 square feet?

    1a. – what is reasoning on 1200 watts?

    1b. – What is reasoning – natural gas is being used by some during the curation(drying) process.

    1c. – What is reasoning when other types of businesses get a blind eye look when doing business out of their homes?

    1d. – What is reasoning? So, a tenant in a MIL can’t have access to his or her medicine being grown in the main house on the same residence, not “in” the same residence?

    1e. – What is reasoning? So, if a patient needs pointers and tips by another patient so that time, energy, finances, etc.. are not wasted on low yielding grows, this will be illegal? C’mon guys.

    1f. – This is good; but, let’s be real, ALL buildings that have these amenities are applicable to the standards; so, this is just redundant language when understanding the laws.

    1g. – This is good; but, this again is redundant language for laws already existing that applied yesterday, apply now and may most likely continue to apply into the future. A simple disclaimer that WARNS THE PRODUCER/CONSUMER that they are 100% responsible for educating themselves on ALL laws that apply to their actions and conducts iS appropriate and necessary. Why? There is no way the council can submit, in draft writing, every applicable law without the ordinance being a very long scroll causing confusions!

    1H. – Wow, this will draw some debate.

    2. – What is reasoning? I have yet to read reasoning that justifies any maximum square footages.

    2a. – Can the City of Eureka factually explain why 100 square feet is not feasible? Define “acceptable documentation” and what standards are used by the city to approve or deny another’s documentation.

    2b. – Hmmmm, why is the city acting like a landlord? Laws already exist that pertain to issues between tenants and landlords. Does the city want a backdoor style of permission to “INSPECT RENTALS LESS A RENTAL ORDINANCE”?

    2c. – ok, what about all the illegal construction activities that the city does not enforce it’s standards and rules upon? So again, equal protection clause / 14th Amendment.

    2d. – Again, indoor and outdoor are separate. If a greenhouse with fibreglass roof top panels exists, I doubt lighting will be installed. A 1hr firewall is not necessary. So, do all those barns and other out buildings with halide or mercury lamps have to install 1 hour firewalls too? When you craft a draft, a little common sense would be beneficial to reducing the overall waste of time!

    2e. – Needs to align with MIL’s, rv’s, trailors, campers, etc…

    More stuff that others will give great insight toward! I will post comments on part two next.

    Jeffrey Lytle
    McKinleyville – 5th District

  6. "HENCHMAN OF JUSTICE"
    January 20, 2010 at 11:53 am

    Medical Marijuana Cooperatives or Collectives.

    1. – This is appropriate.

    2. – Again, defies 14th Amendment.

    3. – Good.

    4. – May have some amnesty problems.

    5. – strike this! It is not City of Eureka’s job to define how many businesses can exist!

    6a. – Mixed Use Zoning complications and alleviations need to be documented.

    6b. – Again, it is not the city’s job to define how many businesses and how close together they can be. Retail ring a bell??????????

    6c. – Hmmm, this is a hypocritical toughy since the city likes and approves of residential developments be designed with public facilities at the immediate doorstep!!!!Remember the recent Skate Park development?

    7a. – Hmmm, this works against the promotion of larger facilities that CAN reduce the number of smaller facilities within a “free market” based on business competition and not forced regualtions that control in ways that are flawed.

    7b. – Please explain reasoning – why is it bad for those living in sfr’s or mfr’s, but not coops?

    7c. – Please explain. This seems like it will make the issue less transparent. Why would someone hand over something for free or not of equal trade value? This rule may need striking.

    Items 8 thru 10 – Finally, because I could not believe my eyes with regard to the “operations manual”. This operations maual needs to be separated from the rest of this ordinance with regard to crafting a draft. The Operations manual is HUGE and needs to be discussed separately knowing that it may end up applying to the final ordinance language in whatever capacity that coincides with appropriate enforcement standards.

    I will say this – If rubbing alcohol, 420 cleaners/agents, carbonized residues from pipes and bongs, etc… are dumped down the drain, then these violators doing such need to be prosecuted to the fullest extent of the law – there is no excuses for any grower to dump wastes down a publicly maintained sewer system. It costs us all more tax money in the end!

    Jeffrey Lytle
    McKinleyville – 5th District

  7. lowblow
    January 20, 2010 at 12:36 pm

    This is an example of what you get with government involvement. Legalize it and see how crazy it gets. Regulations that follow no rhyme or reason. This is just the start of it. My guess is most growers will stay outlaws. Lots of legitimate patients will not bother cause of the bullshit. Just drive it underground.

  8. longwind
    January 20, 2010 at 12:51 pm

    Mandatory indoor grows. I understand the incitement-to-crime logic, I also know medicators with small greenhouses won’t be driven indoors. Only outlaws will be outdoors?! You tell ’em, lowblow.

  9. A-nony-mouse
    January 20, 2010 at 1:08 pm

    And the answer is:….. Go to the damn meeting and express your views! Nothing is set in stone yet. Look at Arcata’s new ordinance and look at what the county’s working on. There is an effort to make all three at least somewhat similar so everyone can be sure of the rules. Don’t bitch here. Go to the meeting if you really give a fig.

  10. "HENCHMAN OF JUSTICE"
    January 20, 2010 at 1:23 pm

    or, send the council members a direct e-mail if you can’t attend the meeting.

    Jeffrey Lytle
    McKinleyville – 5th District

  11. ThinkOfTheChildren
    January 20, 2010 at 1:43 pm

    Yes, how will we explain to our children the evils of drugs when mommy takes her special pill and daddy swills down his favorite brew?

    How, ayyyiiieeeaaaahhhh, please think of the children who get such consistent messages from the adults who populate their world. Drugs are bad, unless they are sanctioned by the government. Drugs are evil, unless they come from a major corporation. Drugs are the pathway to a hellish life, unless, of course, it’s through a vodka bottle or a pill prescription. Thehn it’s off to rehab, not prison.

    Oh lawdy, think of the chil’ren’s like high fuckwad says!

  12. Eurekite
    January 20, 2010 at 2:29 pm

    That’s a nice, simple proposal. I see no problem with it.

  13. A-nony-mouse
    January 20, 2010 at 3:45 pm

    Right on, Henchman. An e-mail would work. The workshop is an attempt to get any bugs out of the ordinance before passing it, hopefully without using pesticides! Even so, send your thoughts via email, at least.

  14. January 20, 2010 at 5:20 pm

    what a total mess. I guess Eureka is trying to destroy it’s own future. ahha. oh well.

  15. January 20, 2010 at 5:39 pm

    hate to tell you this High Finance but your kids are smoking the weed you’re so scared of. The only message they get is don’t listen to them old folks, they are completely lost. I think this proposal speaks volumes on that!

    Could they choose a more ridiculous route to take? Oh, i guess so – there’s the Fortuna model!

    Who ever thought that billions of dollars in free marketing (i.e. humboldt = marijuana) would be pissed away so easily.

  16. john o conner
    January 20, 2010 at 5:55 pm

    Hahaha, Eureka alone doesnt have any power to change how prop 215 works, all this talk of ordinances and etc is just crap to scare you into following there “guidelines” or “ordinances” none of these things are actualy LAWS. Thats because eureka cannot alter or change a law that is on the state level. These guidelines mean nothing at all. its just made up nonsence. Nothing will chance, eureka is powerless to change prop 215 unless california voted to get rid of the law.

  17. Eurekite
    January 20, 2010 at 5:58 pm

    The personal grow stuff all looks just fine.

    As for “medical pot clubs” those are bad news and not long term or viable businesses. Once actual legalization proceeds those will operate completely differently. If you can’t find good pot in Eureka without a club you’re not trying.

  18. drdetroit
    January 20, 2010 at 6:10 pm

    high fiance, what a pompous ass you are, every time i read your post ,i think of a mud hole with you taken a little nap. like a spa,you might like it, oh thats right ,your highfughole,so you use to lyin in the muck

  19. Anonymous
    January 20, 2010 at 6:25 pm

    the last poster needs to stop smoking pot.

  20. January 20, 2010 at 8:00 pm

    Just thinkoftheChildren when you got to keep lying about marijuana to them & thinkoftheChildren when you fall over drunk or beat your Children due to your drunkeness & just thinkoftheChildren when you end up in a hospital with irreversible health problems due to alcoholism and liver problems from all those ” legal ” prescription medications you take . ThinkoftheChildren when mommy overdoses on ” legal ” sleeping pills she got from a Doctor & can no longer take care of you .

  21. Joe
    January 20, 2010 at 8:41 pm

    I don’t understand how people who live in a county with so many brewfests, music festivals (that serve lots of beer), and plenty of bars that constantly have violence acts happen, could be so against marijuana.

    As for the ordinance 1b will not be followed. Indoor grows lack natural C02 and is necessary for a good indoor crop. I understand why it’s necessary as some indoor grows use and release large amounts of C02. It’s just not going to be followed if a patient wants the best quality medicine (good bud can be grown without artificial C02).

    I do like the ordinance that requires that the grower must reside at the residence (1d). 1f is kind of confusing. It says primary bedrooms can not be used in cultivation. Does that mean if a MMJ user wants to grow in a spare room that they would no longer be able to under the current draft?

    I’m also not familiar with 1g’s requiremtns to follow natural and mechanical ventilation under the California Building code.

    2b will put patients at risk. Simply requesting to the property owner to grow medical marijuana would likely get them kicked out depending on the owner’s personal political views regarding medical marijuana and their fear that the grow will be commercial.

    2c is nonsense. Growers are supposed to get city officials to inspect their setup? No grower is going to pay for the city to inspect their setup.

    2e will not work either. People who grow their own medical marijuana for personal use do not have the money to go and buy $40 eights and definitely do not have the money for a detached, secure, separate building.

    The only way these ordinances would work is if legalization by regulation and taxation passes. Marijuana prices would drop and indoor growing incentives would be gone. The ones who grow for hobby would be a small minority and would likely try to follow the ordinance.

  22. Joe
    January 20, 2010 at 8:44 pm

    Medical Marijuana Cooperatives or Collectives ordinances look good though. It will hurt clubs and patients if they are not allowed to supply clones though. Craigslist for clones will boom.

  23. Ghost of Mabel
    January 20, 2010 at 8:55 pm

    Consentual CRIME should be outlawed.

  24. January 20, 2010 at 9:04 pm

    Response – draft needs to separate indoor and outdoor grow areas.

    Outdoor cultivation would be difficult under this set of guidelines.

    1. Cultivation area shall not exceed 50 square feet and not exceed ten feet (10’) in height.

    what is reasoning on 50 square feet?

    Square footage is related to a grow’s conspicuousness.

    1a Cultivation lighting shall not exceed 1200 watts;

    what is reasoning on 1200 watts?

    1200 watts of two 600 watt or three 400 watt lamps + fan is what your average outlet can handle without problems.

    This also applies to 50 square feet of outdoor growing. 50 square feet of daylight is greater than 24 watts worth of light.

    1b Gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.

    What is reasoning – natural gas is being used by some during the curation(drying) process.

    Butane is discouraged because of a fire where the grower stored butane next to his grow.

    Carbon dioxide is discouraged to ensure that the crop is not good enough to sell locally. This is justified by the suffocation hazard that could occur if a compressed carbon dioxide tank ruptured in a fire.

    1c Cultivation and sale is prohibited as a Home Occupation (sale or dispensing is prohibited).

    What is reasoning when other types of businesses get a blind eye look when doing business out of their homes?

    Consider how many people already dispense cannabis in Eureka who do not and cannot pay for a permit.

    1d Qualified patient shall reside in the residence where the medical marijuana cultivation occurs;

    What is reasoning? So, a tenant in a MIL can’t have access to his or her medicine being grown in the main house on the same residence, not “in” the same residence?

    This is to discourage people from legally subletting for cannabis production.

    1e Qualified patient shall not participate in medical marijuana cultivation in any other residence.

    What is reasoning? So, if a patient needs pointers and tips by another patient so that time, energy, finances, etc.. are not wasted on low yielding grows, this will be illegal? C’mon guys.

    This is to discourage people from photocopying their recommendation and selling it to other people.

    1f Residence kitchen, bathrooms, and primary bedrooms shall not be used primarily for medical marijuana cultivation;

    This is good; but, let’s be real, ALL buildings that have these amenities are applicable to the standards; so, this is just redundant language when understanding the laws.

    This is to discourage people from using a shower as a clone farm, the top of the fridge to veg, and a bedroom as a budroom.

    1g Cultivation area shall comply with the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation.

    This is good; but, this again is redundant language for laws already existing that applied yesterday, apply now and may most likely continue to apply into the future. A simple disclaimer that WARNS THE PRODUCER/CONSUMER that they are 100% responsible for educating themselves on ALL laws that apply to their actions and conducts iS appropriate and necessary. Why? There is no way the council can submit, in draft writing, every applicable law without the ordinance being a very long scroll causing confusions!

    By prohibiting CO2, proper ventilation becomes necessary.

    1h The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents.

    Wow, this will draw some debate.

    “Health” is to cover anyone who grows mold.

    “Safety” is to cover anyone whose grow is obvious and valuable enough to attract thieves or anyone whose grow is a fire hazard.

    City Zoning Administrator my approve up to 100 square foot

    What is reasoning? I have yet to read reasoning that justifies any maximum square footages.

    100 square feet is more conspicuous than 50.

    Documentation showing why the 50 square foot cultivation area standard is not feasible.

    Can the City of Eureka factually explain why 100 square feet is not feasible? Define “acceptable documentation” and what standards are used by the city to approve or deny another’s documentation.

    This is just a formality.

    Include written permission from the property owner.

    Hmmmm, why is the city acting like a landlord? Laws already exist that pertain to issues between tenants and landlords. Does the city want a backdoor style of permission to “INSPECT RENTALS LESS A RENTAL ORDINANCE”?

    This is supposed to prevent people from renting their basement for cannabis production without their knowledge.

    City Building Official must inspect for California Building Code and Fire Code.

    ok, what about all the illegal construction activities that the city does not enforce it’s standards and rules upon? So again, equal protection clause / 14th Amendment.

    This is to discourage people from renting space for cannabis production which is not up to code.

    At a minimum, the medical marijuana cultivation area shall be constructed with a 1-hour firewall assembly of green board.

    Again, indoor and outdoor are separate. If a greenhouse with fibreglass roof top panels exists, I doubt lighting will be installed. A 1hr firewall is not necessary. So, do all those barns and other out buildings with halide or mercury lamps have to install 1 hour firewalls too? When you craft a draft, a little common sense would be beneficial to reducing the overall waste of time!

    I doubt this guideline will create a thriving market for 1-hour firewall assemblies of green board.

    Cultivation of medical marijuana for personal use is limited to detached single family residential properties, or the medical marijuana cultivation area shall be limited to a garage or self-contained outside accessory building that is secured, locked, and fully enclosed.

    Needs to align with MIL’s, rv’s, trailors, campers, etc…

    This should. It does not.

  25. 19 For Me
    January 20, 2010 at 9:14 pm

    Knock knock. Mr. Stoner, you have not payed your weed tax, and we are here to fuck you up!

  26. "HENCHMAN OF JUSTICE"
    January 20, 2010 at 10:18 pm

    Joe says,

    I do like the ordinance that requires that the grower must reside at the residence (1d).

    (1d) = “in”, not “at”. I have a problem with this, especially when there is no distinct separation between “indoor and outdoor”.

    The cities and counties can only go so far before conflictions with state laws for medicinal uses becomes evident. A slow, cautious approach to a short, clear and concise regulatory draft would be a wise direction to take, unless there exists some immediate pressing need which is forcing expediency. The council can always come back later to AMEND any ordinance to coincide with a more accurate assessment of reality, if and when that time comes.

    Jeffrey Lytle
    McKinleyville – 5th District

  27. High Finance
    January 21, 2010 at 4:39 am

    drdetroit, you are a perfect example of every parents nightmare. Perhaps if you had not ruined so many braincells with your drug abuse, you would have been able to maintain some civility.

    And Nico, yes some kids are smoking it now (see Drdetroit), but legalizing it will make it more common, cheaper & easier to get.

    And several of you posted (as usual) that gee whiz, alcohol is bad too. So? Do two wrongs make a right? Think of the hundreds of billions of dollars of damage that alcohol does to this country each year. Do we want another problem on that scale?

  28. Walt
    January 21, 2010 at 5:31 am

    Forget right or wrong, and ask “Has banning it worked?” If it hasn’t, if there are more people smoking every day, and bad people are doing bad things because they can make so much free money, maybe, just maybe, we’d be better off legalizing it.

  29. Anonymous
    January 21, 2010 at 8:06 am

    I’ve gotta agree with High Finance about those posters.

  30. Mr. Nice
    January 21, 2010 at 8:12 am

    Mandatory indoor grows. I understand the incitement-to-crime logic, I also know medicators with small greenhouses won’t be driven indoors. Only outlaws will be outdoors?! You tell ‘em, lowblow.

    Clever outdoor cultivators don’t get popped or robbed as frequently. They ain’t got blacked out windows like they watching projector TV 24/7. There aren’t twenty heads coming and going out their house. Their garage ain’t buzzing like they got ten freezers up in that bitch. The whole block don’t smell when the power goes out. They don’t live downtown right next to hella other people. These regs are talking about dumbasses like those people on craigslist housing wanted who want someone to “at least give me an interview.”

  31. Mr. Nice
    January 21, 2010 at 8:16 am

    High Finance, what do you know about how easy it is to get? You obviously don’t cop.

    Let’s see, before I came to Humboldt I usually bought from… neighborhood teenage hoodlums. How hard could it be for kids to get a bag when adults come buy shit off of kids? For real, lots of adults score weed off of kids. Kids know where to get it way easier than we do. Decrim laws make it easier for adults to get so they don’t have to buy it from kids.

  32. Anonymous
    January 21, 2010 at 8:47 am

    It seems that HiFi thinks that alcohol would be less of a problem if it was illegal and that would save the country “hundreds of billions of dollars”?

  33. Eric Kirk
    January 21, 2010 at 9:12 am

    This is an example of what you get with government involvement. Legalize it and see how crazy it gets. Regulations that follow no rhyme or reason. This is just the start of it. My guess is most growers will stay outlaws. Lots of legitimate patients will not bother cause of the bullshit. Just drive it underground.

    Ummm. It’s already underground. This is an opportunity to bring it above ground. God forbid you should follow a few rules.

  34. Eric Kirk
    January 21, 2010 at 9:13 am

    Why can’t we have an Eureka City Council with the balls & backbone of Fortuna’s?

    NO pot houses, NO pot clinics. Just say NO to pot and all illegal drugs. Our kids are watching the message we send.

    Because Fortuna is probably in violation of state law.

  35. Mr. Nice
    January 21, 2010 at 10:11 am

    It seems that HiFi thinks that alcohol would be less of a problem if it was illegal and that would save the country “hundreds of billions of dollars”?

    Look at Nevada. Nevada don’t have a big problem with alcohol-related crime. There is a huge crime problem in Las Vegas, but much of that is Vegas’ ghetto drug crime as Nevada has some fucked up laws on crack and meth combined with a bunch of rich tourists flooding into Vegas who buy that shit on the regular so they can get all geeked out in the 24/7 casinos. The tourists fund the drug gangs in the ghetto parts of Vegas due to these laws. This skews the crime stats for the rest of the state. If you exclude Las Vegas and the surrounding area, Nevada has a low crime rate. Included, Nevada looks as dangerous as Baghdad.

    Speaking on strictly alcohol-related vehicle deaths and alcohol-related violent crime, Nevada is way lower than states with laws like California’s laws. Nevada doesn’t have this problem of folks cutting out of the bar at 1:45 and racing their cars to the nearest liquor store like we do. Folks either just stay at the bar or catch a cab home early knowing that they can always call the beer delivery service when they wake up at 3am on Saturday.

    Not that I think alcoholism is good, just that alcohol laws don’t stop people from drinking. If anything, they make the desperate lushes of the world take more risks to acquire their booze supply.

    I think it is dumb to compare alcohol to weed. When is the last time you seen a pothead talking all loud, trying to pick a fight, and swerving down the road just to get home and beat their wife? I never seen that. I seen potheads do some crazy stuff like go to the fridge hella times. People have this weird idea that pot smokers always do other drugs and are having crazy hallucinations and shit. Try some weed if you don’t believe me, but that just ain’t the case. Most of the medical folks I know who started on weed for medicine were surprised at how mild it was compared to this mental image they had of instant hippy orgies.

  36. High Finance
    January 21, 2010 at 10:57 am

    I could be wrong Eric (a first time for everything) but wasn’t there a court case down south about that very issue last year? And the courts backed up that city?

    It could be that I just heard that a lawsuit was filed.

  37. Mr. Nice
    January 21, 2010 at 12:23 pm

    I could be wrong Eric (a first time for everything) but wasn’t there a court case down south about that very issue last year? And the courts backed up that city?

    It could be that I just heard that a lawsuit was filed.

    If you mean San Diego and San Bernardino, those counties filed suit against the SB420 rules. Their suit concerned them having to spend money on an ID program instead of just using doctor’s recommendations + state ID which I actually agree with (the waste of money part). San Diego County lost and tried to appeal in federal court, but the court refused to hear the case.

    As far as San Diego County and their personal growing rules, they basically ban any sort of indoor that is not in a backyard shed and make special rules for greenhouses. Full sun outdoor is implicitly banned because of a locked door and out-of-sight rule. San Diego County’s main beef is with dispensaries, not personal growing. To be perfectly honest, the simple rules of San Diego County make more sense than the loopy stuff coming out of Arcata/Eureka… no big surprise there.

    In Arcata and now Eureka, people are supposed to install a new room inside their basement/garage/attic. In San Diego County, people are supposed to put their crop in a locked shed or a locked greenhouse away from the house. This is obviously less of a hazard than having it in the house no matter what equipment is used or what precautions are taken. For instance, if a CO2 tank leaked in a shed, nobody would suffocate. I’ve never heard of a greenhouse catching fire.

    It’s funny to me that San Diego County supports the “greenest” methods while Arcata/Eureka mandate people use artificial methods. It would be ironic, but I have always thought Arcata/Eureka to have stupid policies anyway. I mean, c’mon, call yourself green and have forced garbage pickup? You know what I mean.

    But, naw, the courts did not have their back.

  38. 2 hearldo-big news
    January 21, 2010 at 1:31 pm

    Today the courts struck down any limits and saids the countys/citys CAN NOT adopt their own guidelines.this needs its own threadhttp://www.icmag.com/ic/showthread.php?t=155551

  39. 215 news
    January 21, 2010 at 2:11 pm

    Yes Heraldo make a thread 4 this http://www.icmag.com/ic/showthread.php?t=155551

  40. Eurekite
    January 21, 2010 at 2:25 pm

    In case anybody is still confused, Medical Marijuana is NOT ILLEGAL and has not been illegal in California for 14 years.

  41. Anonymous
    January 21, 2010 at 2:58 pm

    Looks like these guidelines are now moot in light of the CA Supreme Court’s ruling today that limits on medical marijuana are unconstitutional. And good ol’ City of Eureka spent all that time drawing up the guidelines. Whoops!

  42. Mr. Nice
    January 21, 2010 at 3:01 pm

    Fantastic news.

    Now, if I could only afford to break Humboldt’s previous regulations so as to exercise this new freedom.

    Can anyone spare ten thousand dollars?

  43. High Finance
    January 21, 2010 at 4:57 pm

    A majority of the people oppose legalizing pot & the other illegal drugs. Prop 215 was a complete & total fraud, sold to lazy & braindead voters as being available for only terminal patients.

    It is time to void prop 215 by another ballot.

    How long will it be before all illegal drugs are made legal?

  44. 2 high finance wtf
    January 21, 2010 at 5:09 pm

    ALL drugs should be legal.You can already get opiates and amphetmines from ANY doctor, so why not stop arresting people and putting them with violent people in inhumane kennels we call prison. I bet you any amount I can walk into North country clinic and walk out with a heavy opiate for my back pain or my depression.If a plant is an option for common ailments rather than the synthetic drugs they are giving for COMMON AILMENTS like pain , depression, hyperactivity, nervousness,insominia and the like,then why not use what god gave us instead of supporting the pharmaceutical industry?

  45. "HENCHMAN OF JUSTICE"
    January 21, 2010 at 5:50 pm

    Mr. Nice @ 12:23 pm,

    Good points!!! Your examples reminded me of the lunacy with Redwood – the best of the best goes out of the area while the area that is known for it’s production gets the worst of the worst. The redwood I see distributed down in the city (SF area) makes redwood sold in Humboldt look like 3rd rate, utility grade crap.

    Jeffrey Lytle
    McKinleyville – 5th District

  46. "HENCHMAN OF JUSTICE"
    January 21, 2010 at 6:10 pm

    Remember this,

    when legalized, a shift of power, money and control will reciprocate throughout the “private sector”. There are enough community citizens who get really, really mad and vindictive when their profits begin to go into the pockets of others with less fortunate privileges without relying on robbing Peter to pay-off Paul. Most who consider themselves as “Elitist High Class” wealth UNDERSTAND THEIR NEEDS to be takers, otherwise, their wealth diminishes under debt/expenses (taxes, registrations, royalty expenses, lavishes, insurance, lots of bills, bills, bills, etc…). Selfish Greed, even worse!

    Whenever something rational and appropriate can “trickle down” favoring the “less privileged”, the more privileged seem to get all “wiley coyote-esque”, ever wonder why?

    Jeffrey Lytle
    McKinleyville – 5th District

  47. High Finance
    January 21, 2010 at 8:52 pm

    So, 2highfinance wtf, it appears you are saying you support the legalization of meth, cocaine, heroin & anything else?

  48. 2 high finance wtf
    January 21, 2010 at 10:42 pm

    I am saying they are already legal ,found in prescription drugs.Meth is illegal but on every corner and in every high school.Meth head ,including dealers are sick with a disease and need help not jail and making it legal will stop tweekers from robbing to get it.

  49. Gilbert
    January 22, 2010 at 7:32 am

    # Ghost of Mabel Says:
    January 20, 2010 at 8:55 pm

    Consentual CRIME should be outlawed.

    And misspellers should be shot!

  50. January 22, 2010 at 3:24 pm

    It’s time to VOID High Finance . Sounds like he hasn’t had his ” meds ” along with his coffee today .

  51. January 22, 2010 at 3:27 pm

    Alcohol is the worse crime in this World if you wanna talk about drugs & Marijuana is the safest substance with medical & numerous benefits known to man if you wanna hear the facts .

  52. "HENCHMAN OF JUSTICE"
    January 22, 2010 at 6:33 pm

    KushBolt @ 9:04 pm,

    Hmmmmmmm, interesting post from your point of view? Now, lets see what Linda, Jeff and other council members adjust to coincide with civil rights standards; then, let the community weigh in on what is amended; and, discuss the rationals so we can add all these points and views with yours and others. Then, we will have a list of reasons; and, then that list will get hammered and decimated and shredded apart for those reasonings used as the basis to define something that maybe the people making the decisions are not used to doing themselves, thereby limiting their ability to make the best decisions possible from the outset, unless of course those who actually grow are on some sort of committee or whose testimonials are taken seriously, even though no Doctorate Degree or PHD currently exists for medical marijuana growing; or, is there?

    Jeffrey Lytle
    McKinleyville – 5th District

  53. January 22, 2010 at 9:32 pm

    Well, There are no protections for medical marijuana patients flying on commercial airplanes. Federal agents can and will seize medical marijuana and arrest the patient attempting to board a plane if they find the patient’s medicine. Moreover, there are no protections for patients flying internationally. Most international airports have drug dogs that can locate medical marijuana in bags.

  54. January 24, 2010 at 10:27 am

    Don’t you get it , Yet ?
    I’ve been telling you it’s D.A.T. whose the force behind prohibition . Hospitals boot patients off of transplants & will would rather allow patients to die because there is money ( & lots of it ) behind pharmaceuticals .
    The Drug Testing Kits are also a product invented by D.A.T. so you’ll take their drugs . By Drug testing they are literally murdering people with their Kits . This is also causing States like Cali. to go Bankrupt . When a person is unable to work because of Drug testing they often go into depression & may go as far as killing themselves . Others may turn to general assistance because of financial need to support a family & a State pays the costs . Meg Whitman is calling for a few months assistance then your booted off of any assistance . Yet you can’t work because you consume Marijuana . Then some of you will say….. ” then quit ” . That’s like saying quit taking pharmaceuticals . Well , some people cannot quit because to them it’s a matter of life & death . Meg Whitman is behind Pharmaceutical . Just ask NORML . This again will lead to Children going hungry & more dying because a Mom or Dad may need marijuana for medical reasons which cuts into the profits of D.A.T.
    I myself got more ” hits ” from my talk show about Marijuana ( all i did was tell the TRUTH ) on KGO Radio than former Mayor Willie Brown & the Carey Brothers combined . I’ve contacted the Producer & General Manager 4 times trying to get back on KGO but they will not allow me back on . I got so many calls i crashed thir server lines . Why will they not allow me back on ? Because their main sponsors are Drug & Alcohol of which they receive tons of money from . People are being executed & prosecuted because of marijuana around the World . People are literally being killed over this God given Drug & that’s why i keep telling you that surely this has to be the work of the DEVIL . Only Satan could take the lives of the innocent .
    Understand now ?

  55. "HENCHMAN OF JUSTICE"
    January 24, 2010 at 12:25 pm

    The Truth Doctor,

    so, do you believe it is discrimination by an employer who won’t hire a medical mj user because of a possible “drug test/company policy” confliction?

    I believe this is a question that is unanswered by elected officials. I am waiting for that first “civil rights” case to be filed where the argument is, “employment was denied due to the applicant having a medical mj right.”

    Jeffrey Lytle
    McKinleyville – 5th District

  56. JOJO DA WHALE
    January 24, 2010 at 6:42 pm

    HighFI Is an Idiot!

  57. January 25, 2010 at 11:36 am

    Yes and the reason why is because Drug & Alcohol Companies along with Tobacco with take a tremendous
    ” hit ” or loss if Marijuana is legalized & available .
    They continue a barrage of deceptive advertising along with lies to keep their drugs on the market & are killing people to make their point .

  58. "HENCHMAN OF JUSTICE"
    January 25, 2010 at 12:27 pm

    Thanks TRD,

    For Honesty and Truth!!!

    Jeffrey Lytle
    McKinleyville – 5th District

  59. January 25, 2010 at 12:27 pm

    ScienceDaily (Dec. 4, 2009) — Substituting cannabis in place of more harmful drugs may be a winning strategy in the fight against substance misuse. Research published in BioMed Central’ open access Harm Reduction Journal features a poll of 350 cannabis users, finding that 40% used cannabis to control their alcohol cravings, 66% as a replacement for prescription drugs and 26% for other, more potent, illegal drugs.

  60. January 25, 2010 at 8:18 pm

    More ……. ( my last post vanished )

    Amanda Reiman, from the University of California, Berkeley, USA, carried out the study at Berkeley Patient’s Group, a medical cannabis dispensary. She said, “Substituting cannabis for alcohol has been described as a radical alcohol treatment protocol. This approach could be used to address heavy alcohol use in the British Isles — people might substitute cannabis, a potentially safer drug than alcohol with less negative side-effects, if it were socially acceptable and available.”

  61. January 26, 2010 at 12:27 pm

    # THE TRUTH DOCTOR Says:
    January 25th, 2010 at 11:57 pm

    Wow ….number 51 , that makes so much sense . Please get the ” word ” out there . I believe this a thousand times a thousand times.I never took the shots because i actually doubted the ” Swine Flu ” story & i never contacted any flu .

    With the legalization of Marijuana D.A.T. will take a huge ” hit ” or loss & they are killing people to make their point .

    I put D.A.T. in that order because the strongest opponent to legalization is the Drug Industry , next Alcohol & last is Tobacco . Tobacco you say ? Yes , tobacco . Not here in America but , in other Countries where they are deceiving & lying to the populous . As a rich Country we don’t need them but , in other Countries particularly in poor Countries they gladly accept their money .This is why i said in illiterate Countries they believe this rubbish which increases the use of Tobacco & increases the penalties against Marijuana .
    They are murdering its people . As of this writing three people have been sentenced to death in Malaysia for Marijuana .One by hanging . He was just sentenced after already spending 7 years in prison . You should see him . He looks like he weighs 80 pounds .They must be starving him in Prison .

  62. January 30, 2010 at 11:23 am

    This is for all of you hypocrites who think pot is a DRUG while you take prescription medications ( Drugs ) along with your coffee ( Drug ) while you smoke tobacco ( Drug ) and have your favorite drinks ( Drugs ) at your local Bar .

    Amanda Reiman, from the University of California, Berkeley, USA, carried out the study at Berkeley Patient’s Group, a medical cannabis dispensary. She said, “Substituting cannabis for alcohol has been described as a radical alcohol treatment protocol. This approach could be used to address heavy alcohol use in the British Isles — people might substitute cannabis, a potentially safer drug than alcohol with less negative side-effects, if it were socially acceptable and available.”

    Reiman found that 65% of people reported using cannabis as a substitute because it has less adverse side effects than alcohol, illicit or prescription drugs, 34% because it has less withdrawal potential and 57.4% because cannabis provides better symptom management. She said, “This brings up two important points. First, self-determination, the right of an individual to decide which treatment or substance is most effective and least harmful for them. Secondly, the recognition that substitution might be a viable alternative to abstinence for those who can’t or won’t completely stop using psychoactive substances.”

    Speaking about legalization of cannabis, Reiman added, “The economic hardship of The Great Depression helped bring about the end of alcohol prohibition. Now, as we are again faced with economic struggles, the US is looking to marijuana as a potential revenue generator. Public support is rising for the legalization of recreational use and remains high for the use of marijuana as a medicine. The hope is that this interest will translate into increased research support and the removal of current barriers to conducting such research, such as the Schedule I/Class B status of marijuana.

  63. February 2, 2010 at 7:37 am

    Government is stupid and doing many thing wrong in my opinion.

  64. Mr. Nice
    February 2, 2010 at 9:34 am

    Substituting cannabis for alcohol has been described as a radical alcohol treatment protocol. This approach could be used to address heavy alcohol use in the British Isles — people might substitute cannabis, a potentially safer drug than alcohol with less negative side-effects, if it were socially acceptable and available.

    I have spoken with several people who have substituted cannabis for either alcohol or pain killers. There seems to be almost 100% success with these people in consciously reducing their intake of CNS depressants via that sticky indonesia.

    One person is particularly outspoken about his switch. I’d vote for him now.

  65. July 28, 2010 at 5:17 am

    It is a very exciting time to be a marijuana advocate right now, on the brink of legalization. http://stonerdiary.wordpress.com

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