HomeMy WebLinkAboutLetter from Jon Hoffman regarding the marijuana ordinance HOFFMAN LAW OFFICE
P. O. Box 2721
OROVILLE, CALIF., 95965
Phone: 530-533-7069
Fax: 530-533-6790
IMMO E-Mail: sales(a)aztecheart.com OFVISORS
January 14, 2014 JAN 1 1 2014
Board of Supervisors
Butte County
25 County Center Drive
Re: Marijuana Regulations
I wish to thank you all for the hard work you are doing to control within
reasonable bounds this plague. I also thank you for hearing me out
today.
I was the speaker who addressed the ordinance and suggested several
modifications that could allay many of the valid complaint that we heard
today;
Until today, many did not know what is currently required to supply the
patients needing THC. Now we know. It is very little!
I believe we should take a market approach based upon the
information garnered today, particularly the amount/degree of usage
documented by the police department. In my 12 year law enforcement
career, it became apparent by the 70-80's that the marijuana buds
were getting larger and much more potent with the THC. Seeing the
THC buds as a stand-alone product, leads one to begin controlling
product (buds) and not counting plants is the future for regulation.
Should we assume a current market share from one cultivator requires
6 plants/Buds, we can certainly project 3-5 plants/buds in 2 years, etc.
This has the efficacy of reducing the amount required for cultivation,
water, fertilizer and fencing; costs that inure to the cultivator and good
for the environment.
Land-use: Water conservation; Ordinance should contain requirement
of drip lines for irrigation AND use of irrigation stakes, i.e sharpened 2"
pvc pipe with holes drilled in the lower half set into the hole w the drip
line attached. My citrus and ornamentals all have this and provides
max water to the roots. There is no run-off and can be used to fertilize
to the roots.
The location near schools and walkways and the olfactory insults to
those living nearby to a Grow may be abated now and retroactive, by
specifically requiring set locations upon the Grow property.
The complaint/reporting regulation of 1500 ft. is an abridgment of
common society considerations for reporting crime anonymously.
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19JS , OA-6)
Every cultivator knows who their neighbors are and to whom retribution
would be directed.
Requirement of occupied dwelling:
This creates either a Landlord Tenant relationship or an owner
occupied situation. This has several implications:
1. Landlord-Tenant:
Does Landlord give permissive use to grow? Will the
Landlord evict if, without permission, a grow occurs:
Have applicant declare permission and County notifies Landlord
of provisional application.
2. Owner occupied:
a. Owner, in writing, waives 4th Amendment Search and
Seizure to the land and the dwelling.
b. I do not agree that the County should rely upon the fact
that the cultivation is illegal to enter, when the County
has issued permits.
c. A review of ABC regulations may provide guidelines.
Licensing Per Se:
1. Provisional (applications w plans including fencing)
2. Annually
3. Probation for violations
4. Boundary set-backs/location on current and future licensees.
I truly hope that this will be of assistance in your long struggle with
this Gordian Knot.
Should you have any questions, feel free to contact me.
Respectfully submitted,
offman, A.• •7
JD, MS.