Home > Humboldt County, marijuana > Humboldt Growers Association reviews county marijuana ordinance

Humboldt Growers Association reviews county marijuana ordinance

Tune into KMUD‘s Monday Morning Magazine show tomorrow at 8am to hear folks from the Humboldt Growers Association and blogger Kym Kemp talk about the marijuana ordinance proposed for the unincorporated parts of Humboldt County.

For a deeper look at the issue download HGA’s review of the ordinance. If you’d rather look at it online, Kym has it on her blog.

Thanks to HGA’s Joey Burger for sending this. Monday Morning Magazine is a great show and the Humboldt Herald would like to encourage host Dennis Huber or anyone associated to advise listeners of guests and topics in advance. A Sunday afternoon tweet would be fine. Or go old school and set up an email list.

  1. March 27, 2011 at 9:50 pm

    Darn it. I knew I’d seen the review somewhere and wanted to just link to it. But I couldn’t remember where.

  2. skippy
    March 27, 2011 at 9:59 pm

    As an FYI: listeners will find KMUD on their dial in Eureka at 88.3 (KMUE), Garberville at 91.1, Laytonville at 90.3 (KLAI), and Shelter Cove at 99.5.

    You can also listen in via Windows MediaStream, MP3 stream, Iphone or Ipod at the KMUD site or locate it in their archives later.

    As Heraldo noted, the show starts at 8am, Monday (the 28th).

    KMUD rocks.

  3. Eureka Pride
    March 27, 2011 at 11:12 pm

    Hats off to Kym Kemp, Joey Burger and Dennis Huber for showing the rest of the SoHum folks how to be active in the community and still keep it real.

    Hell yeah!

  4. March 28, 2011 at 6:08 am

    I imagine this will be a great show. I will not, however, be able to listen at the time. Will it be archived anywhere?

  5. March 28, 2011 at 7:41 am

    The show will be archived at KMUD.org.

    March 28, 2011 at 8:24 am


    Humboldt County Draft Ordinance 314-55.1 is intended to set guidelines for the operation of a cooperative,
    collective, or delivery service, and the cultivation of indoor medical marijuana for personal use throughout
    the unincorporated areas of Humboldt County.

    Response: How about this – 1)…. operation of a cooperative & this 2)…. the cultivation of indoor medical marijuana for personal use throughout
    the unincorporated areas of Humboldt Count. (Goals 1 & 2). Now that the Goals are set in the first paragraph………for revenue collections by way of fees……and for home inspections by way of entering the residence………I guess it is easier than obtaining a restraining order for weapons seizure since the law knows the right to bare arms exist, so gotta verify for reality what is inside the residence…… it really is a schemish way to enter someone’s residence though, unless the residents willingly give permission.

    Question: Now, in like kind matter for verifying safety, why is it that home offices that are used to get income tax breaks against their personal/business income never have a government agent enter their residence to verify for tax purposes the validity of the tax break received for THAT different “zoned” use? If ya seen how many plugs are needed for at home business computer networking applications, you’d quickly realize that it is as or more dangerous than INDOOR GROW LIGHTS.

    Just again sayin’, double standards.

    Jeffrey Lytle
    McKinleyville – 5th District

  7. March 28, 2011 at 8:50 am

    Yeah! Keep it real Kym. I read most of that Review and it’s a joke. I’ve got a hand-painted picture of these lawless, time-honored growers bending over for any of that.

    March 28, 2011 at 9:22 am

    Instead of Affordable Housing issues, it could become Equal Housing Opportunities once again for the self-medicated….oops, genie outta the bottle early?

    Can any person imagine a Humboldt County housing element now having to compensate for the loss of housing opportunities for many renters when landlords are disallowing medical renters “kicks in” due to medical needs or rights? I think the housing inventory just got a little smaller – but, at least many rental owners realize that pot sales helps keep the higher rents paid for over-valuated real-estate.


  9. Mark Sailors
    March 28, 2011 at 10:03 am

    Like all local laws that in any way limit your rights under prop 215, this law is unconstitutional as far as the Supreme Court of CA is concerned. (People V Kelly Etc.)

    It is also patently illegal to discriminate against someone for their medical condition or their legal treatment of that condition in regards to housing. It is called the Bane Civil Rights Act.

    Kelly Decision: Three Appeals courts ruled the quantity limits passed by the legislature in SB420 were unconstitutional .***** ****** testified at Kelly’s original Long Beach trial and is cited. The Supreme Court held that the quantities are legal as a safe harbor for state ID cardholders but are unconstitutional as a limit on a qualified patient’s defense in court. It also held that the state ID card system is constitutional and that collectives operating under Health and Safety Code 11362.775 are constitutionally protected throughout the state. Click here to view as a PDF (320k) Chris Conrad’s cannabis expert testimony cited multiple times.

    Kelly Appeals Court Decision. ***** ****** testified at the original Long Beach trial and is cited. Ruling that was reviewed by the Supreme Court (Click here to view as a PDF (144k)

    Phomphakdy Appeals Court Decision: ***** ****** testified at the original Sacramento trial and is cited. Held that Quantities listed in SB 420, HS 11362.77(a) are unconstitutional to the extent that they are taken as limits affecting patients’ rights or legal defense.

    Archer Appeals Court Decision. **** ******* testified at the original San Diego trial. SB 420 quantity limits held unconstitutional by Appeals Court.


    Joseph D. Elford
    Staff Attorney
    Americans for Safe Access
    1322 Webster St Ste 208
    Oakland, CA 94612
    (415) 573-7842
    March 1, 2005
    Dear Name:
    I am an attorney for Americans for Safe Access — a Bay Area-based non-profit that
    advocates for medical marijuana patients. Name, a tenant of your property, recently
    contacted Americans for Safe Access. We have informed Name of his rights as a medical
    marijuana patient under state law and provide to you the following information.
    Under California law, “seriously ill Californians have the right to obtain and use
    marijuana for medical purposes where that medical use is deemed appropriate and has
    been recommended by a physician who has determined that the person’s health would
    benefit from the use of marijuana. . . .” Cal. Health & Safety Code § 11362.5(b)(1)(A).
    While landlords have some discretion to determine whom they lease to, that discretion is
    not unlimited. In particular, under California Civil Code § 1942.5(c), “[i]t is unlawful for
    a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an
    action to recover possession, or threaten to do any of those acts, for the purpose of
    retaliating against the lessee because he or she . . . has lawfully and peaceably exercised
    any rights under the law.” See Barela v. Superior Court (1981) 30 Cal.3d 244, 252; Rich
    v. Schwab (1998) 63 Cal.App.4th 803, 810-11. Furthermore, under the Bane Civil Rights
    Act, it is illegal for anyone to “interfere[] by threats, intimidation or coercion, with the
    exercise or enjoyment of any constitutional or statutory right. See Cal. Civil Code § 52.1;
    Bay Area Rapid Transit District v. Superior Court (1995) 38 Cal.App.4th 141, 144.
    Because California law now provides for the rights of seriously ill Californians to cultivate
    and possess marijuana for medical purposes, Cal. Health & Safety Code §
    1322 Webster St. Ste 208
    Oakland, CA 94612
    Phone: 510-251-1856
    Fax: 510-251-2036
    September 16, 2005
    Page 2
    11362.5(b)(1)(A), the eviction or threatened eviction of a qualified marijuana patient
    simply for exercising these statutorily-conferred rights constitutes unlawful retaliation and
    violates the Bane Civil Rights Act. Violation of these provisions may subject the violator
    to compensatory damages, punitive damages and attorney fees. See Cal. Civil Code §§
    52.1(h), 1942.5(f) & (g).
    I write to request that you not take any action that would result in the eviction of
    name for his cultivation or possession of medical marijuana, thereby ignoring his status as
    a qualified patient. While I appreciate that your drug possession policy is motivated by
    the best intentions, I believe that it in this particular case it must be reconsidered. I hope
    that we can work together to resolve this matter in a cordial and expeditious manner.
    Joseph D. Elford
    Staff Attorney
    Americans for Safe Access
    (415) 573-7842
    cc: name

  10. skippy
    March 28, 2011 at 12:08 pm

    Heard the interview. Good job, KMUD, Joey, Dennis, Kym, Kristin, and Mr. Scott. You made a very complex process– and the copious reading materials on policy– much more understandable for the everyday person.

    For Doug at 6:08 and other interested folks, this KMUD interview is now archived under:
    Monday Morning Magazine (8-9), March 28, 8:00 am located at
    KMUD’s Audio Archive page here.

    Click ‘play’ or ‘download’ on the right side to listen. The interview starts about 8:30 minutes in.

    March 28, 2011 at 3:17 pm

    Thanks Mark Sailors,

    maybe people will understand the”set-ups” that politicians use to secure and guarantee future political issues, back and forth, back and forth, create a problem, then create a solution problem; then, create a solution problem solution in order to create that all divine solution problem solution problem…..see the never-ending cycle of law makings and job guarantees?


  12. Mark Sailors
    March 28, 2011 at 3:43 pm

    HoJ, you are welcome.

  13. Mike Buettner
    March 28, 2011 at 11:27 pm

    The trees are leaning in that logo.

  14. Kato
    April 7, 2011 at 10:15 pm

    The logo’s appropriate. Leaning trees are emblematic of So Hum’s sliding landscape these days.

  15. April 20, 2013 at 4:27 pm

    Who is a government by the people, for the people, who’s very constitution guarantees all citizens the right to LIFE, LIBERTY, & THE PURSUIT OF HAPPINESS to make a plant given to all mankind (GENESIS 1:29) to say it is wrong & make it illegal.
    I’ll tell you, a government that has become far to powerful & who’s citizens have become complacent & afraid to use their first amendment right of free speech, backed by the second amendment right to bare arms. Alcohol is far more dangerous yet it is legal. It causes liver problems, body functions are not controllable, Cigarettes with all the chemicals the government requires tobacco companies to put into it causes cancer, yet hemp oil has been found to be a cure to some with cancer. Hemp was made illegal by Randolph Hurst because he had thousands of acres of trees & he wanted to control every aspect of his news paper empire. He bribed the right government “servants” to pass laws making hemp illegal so paper would be made at a lesser quality & which pollutes the environment more to sell his trees. Later the government made Cannabis sativa against the law to keep the Mexican’s out, because their sharp minds saw this plant & it’s sales as a way to keep them out. We see how well that worked.
    I’ve been smoking& a toking on & off since I was 15, I’m 56 yrs now. i know I can toke & drive, but not drink & drive. I lost my left lower leg to a drunk driver, & was retired from my military career. It is time we finally get the reefer madness propaganda people to just mellow out & leave marijuana alone. It is not a entry drug. If it were legal people would not have to go to “drug” dealers to buy it & be exposed to whatever else the dealer is trying to make his tax free income. But the government which once guaranteed our ability to earn our money freely taxes our income, W F T? Why did we allow this, Ill tell you propaganda about a couple of dams to provide free electricity, we got suckered into income tax.
    If this government would just tax everyone for the privilege of using OUR currency this nation would be wealthy. If we did not have income tax we would have more money, we could afford to buy more, & if we are buying more we would have to produce more & that would only require more workers with jobs.
    Face it until we actually overhaul this government we will always be it’s captives. If our vote is not heard & they want to change the results themselves (Bush) to be elected than we have a responsibility given to us by the second amendment & forcefully form a militia & forcefully take back OUR country from the enemy Washington D C. As Thomas Paine said & is tattooed on my forearm, “It is the duty of every patriot to protect his country from it’s government.” I’m sure marijuana could get get this economy going & out of debt, but they have tried to stop marijuana & it is grown indoors all over the country, so why buy it anymore.
    Law enforcement are the puppet of the government. What took place in Boston Ma scared the crap out of me. Not that a bomb could go off in such a publicly world event in America, but that they could lock down an entire major U S City in seconds. I’m also suspicious that two former soviet block citizens would do this. I’m proud of the way the law enforcement agencies got their man, but all this for a 19 yr old kid with no plan, I don’t think it actually took all that to find this coward if he did indeed plant that bomb.
    We the People have to stand together, rise up, & take those servants in Washington to the gallows because most of them are crooks. Not all their has to be at least one person out there who has Americas interests foremost & they should be spared. Our forefathers knew that we would revolt about every fifty years, & the last time we had to revolt was the Civil War & because of it freedom was won for the deserving black slaves. After freedom they did not riot, or bring on trouble, the fed allowed businesses to segregation, & the African born Americans lived a hundred years as second class citizens until the hero of the 1960’s refused to give up her seat on a bus. Rosa Parks to me is the only person who is a hero. Like Moses God uses those the weakest to do the impossible. Who but a small black LADY could refuse to give up her seat & not be hit, or physically abuse could start a revolution that a Reverend black Dr. took as his podium & asked for nothing more than equality.
    We have examples before us, we can win this thing & a harmless plant can become a non issue because it will be legal & anybody who wants it can grow it. As Thomas Paine once said “It is the duty of every patriot to protect his country from it’s government.” I say forget the “his” country & include women. (Rosa Parks)
    I’m a white 56 yr old man & I’m retired from the U S Navy & have been around a bit. Sure we in America have freedom, but not really. This government continues to go on collecting money from the citizens it is to serve. I don’t think it will be long & the call will go out “Lock & Load” & Washington D C will be in our sites.
    We shall overcome!

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