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Yes on Measure B Coalition websites April 13, 2008

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Save Mendocino County - Vote YES on Measure B

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CLICK to visit:

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Yes on Mendocino County Measure B Coalition

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Yes on Mendocino County Measure B news blog

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MAKE SURE YOU KNOW THE LAW IN MENDOCINO COUNTY April 12, 2008

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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.

Click here for Mendocino Counyt marijuana laws

Yes On B Coalition challenges the opposition: “Tell the Truth about Sheriff Allman’s position” March 26, 2008

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“Tell the Truth about Sheriff Allman’s position”
Sheriff Tom Allman is neither for nor against Measure B and does not say it would be a burden on law enforcement, contrary to the false impression being spread by the opponents to the Mendocino County ballot measure.

In fact, Sheriff Allman has made a statement that affirms: “Investigating violent crime will remain our top priority.”

“The No On B Coalition took Sheriff Allman’s words out of context and misled the voters,” according to Yes On B Coalition spokesman Ross Liberty.

“We intend to wage a campaign based on the facts and we challenge the opposition to do the same,” said Liberty.

In an article published by the Press Democrat on March 11 [http://www1.pressdemocrat.com/article/20080311/NEWS/803110362], Allman stated that the remarks quoted by No On B were taken out of context and that he was not taking a position on Measure B. Nevertheless, the No On Measure B Coalition issued a press release March 12 that repeated the identical misleading characterization of Allman’s position. Sheriff Allman signed a statement [photocopy of signed original attached via fax] on March 11 that clarifies his position.

Full text of statement:

“As Sheriff, I have not and will not take a position on Measure B. It is my job to enforce the law, not make it. I support legitimate medical marijuana. I oppose commercial cultivation and sales of marijuana. 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. Although I will not take a position on Measure B, I will say that Mendocino County will be a better spot when marijuana is not on the front page every day.”

The Yes On B Coalition has provided this statement to the No On Measure B Coalition and asked that they quit misleading the public into believing Sheriff Allman has taken a position against Measure B or that he believes it will “burden law enforcement.”

“All Measure B does is repeal Measure G which conflicts with state law, and adopts the state medical marijuana standards. Measure B will help law enforcement and patients by providing one standard so that everyone knows what to expect,” said Liberty.

Measure B has two provisions:

(1) that the limit for medical marijuana users and primary caregivers will be the same as that provided in state law–6 mature plants, 12 immature plants, and 8 ounces of dried marijuana or more if recommended by a physician, and

(2) that Measure G (November 2000) is repealed, thereby removing the direction to the sheriff and district attorney to make enforcement of all marijuana laws the lowest priority and to not take any action on cases of 25 plants or less.

“Measure B will help put a stop to the fraudulent use of medical marijuana caregiver cards as a cover for the massive production of commercial marijuana for profit,” said Liberty.

“There is a crisis throughout Mendocino County caused by a huge increase in commercial marijuana growing, much of it in residential neighborhoods, that has caused severe impacts on public safety, the environment, and our children,” said Liberty.

For more info:
yesonbcoalition.org

Yes on B news blog

In our opinion – We want our county back March 16, 2008

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Cry for help…

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.

They will tell you Measure B will prevent medical marijuana patients from getting their medicine. False. 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.

Fact & Fiction March 16, 2008

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The “no limits” marijuana lobby has vowed to fight Measure B. A lot of misinformation can be expected. We’ve heard some of it already:The claim:
“Repealing Measure G will mean that medical marijuana patients won’t be able to get their medicine.”Fact:
State law provides that medical marijuana patients may possess six mature plants or more if recommended by a physician. Local ordinances, like Measure B, cannot change state law.

The claim:
“It‘s the huge marijuana grows that are the problem. This measure won‘t do anything about them.”

Fact:
Many smaller commercial marijuana operations between 25 and 400 plants have caused serious impacts either because they are so close to residential neighborhoods, or because they spill fuel or trash. It’s marijuana growers of this size that have tried to hide behind Measure G and Mendocino County’s extremely high medical marijuana number.

The claim:
“Repealing Measure G would be an attack on possession of marijuana for personal use.”

Fact:
State law governs personal use and no local ordinance can change this. Many personal users get a “patient card” for this reason. The Sheriff and District Attorney do not have the resources to go after otherwise law-abiding people who have small amounts of marijuana. Measure B is aimed at stopping the widespread abuses caused by commercial growers.

Argument in favor of Measure B March 16, 2008

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Marijuana cultivation in Mendocino County is clearly out of control. We have become a target for “no-limits” commercial marijuana growers who want quick profit and who care nothing about the impacts to our neighborhoods, our communities or the environment.

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

June ballot information

Measure B on the June ballot will provide: March 15, 2008

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-> That the amount of marijuana allowed for medical marijuana patients will be the same as the limit set by California State law.

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.”

More info on Measure B

Register to vote

Quotes of interest March 15, 2008

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“…The problem in California is a lack of consistency in the law.”

— 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, 3/12/08

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)

FULL Text of Measure B March 15, 2008

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[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.

Existing marijuana laws

June ballot information