Humboldt Marijuana Task Force Recommends DA’s Limits With Minor Changes

July 07, 2004

Leann Whitten, The Eureka Reporter

The county’s Medical Marijuana Task Force will recommend the Board of Supervisors deem three pounds of dried cannabis “a reasonable amount” for medical marijuana patients to cultivate, possess and consume per year at the board’s Tuesday meeting. The recommendation is the same as District Attorney Paul Gallegos’ guidelines which he set in 2003, except the county’s proposed ordinance does not specify an amount of plants within a 100-square-foot canopy.

The task force was created by the board in March to “study the proposed ordinance adding … the Humboldt County Code relating to medical marijuana guidelines for the implementation of Proposition 215 and California Senate Bill 420.”

The task force creation was prompted by some community opposition including the County Office of Education.

The proposed ordinance says a qualified medical marijuana patient or 215-cardholder cannot engage in the possession “in any place where smoking is prohibited; in or within 1,000 feet of the grounds of a school, recreation or youth center, unless medical use occurs within a residence; on a school bus; while in a motor vehicle that is being operated; or while operating a boat.”

In September, the Legislature passed Senate Bill 420 which set a statewide minimum for medical marijuana patients of six mature plants or 12 immature plants and up to 8 ounces of processed cannabis flowers. SB 420 also allows local governments to set their own guidelines using it as a minimum.

Proposition 215 — the Compassionate Use Act of 1996 — says regulations “ relating to the possession of marijuana … and cultivation of marijuana , shall not apply to a patient or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.”

The board meets Tuesday at 9 a.m. in its chamber in the Humboldt County Courthouse.

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