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Medical marijuana debate ignites tempers

By Jarrod Lyman / Community Correspondent

(Updated: Thursday, August 12, 2010, 12:02 PM)

Commissioners vote 4-1 to deny use permit

Tempers flared and an audience of nearly 75 was ordered to exit the building during a meeting of the Madera County Planning Commission Aug. 4 at the Coarsegold Community Center.

The question commissioners were asked to answer is if Heaven Scent Organic Horti-Pharm Collective, a medical marijuana collective currently operating in Oakhurst, goes against a county ordinance banning dispensaries.

Commission Chairman Larry Wright took the position that the permit requested by Steven and Rita Smith had nothing to do with a stance for or against the benefits of medical marijuana, but whether or not the business goes against the county ordinance.

Wright said however compelling the arguments may have been, they had no bearing on the issue before the commission.

"We were not there to discuss the merits of medical marijuana. That was not on our agenda," he said. "What was on our agenda was a land use issue -- whether or not this request violated any ordinances of Madera County. We came to conclusion that it did," said Wright.

The ordinance in question, 525MM, was passed by the Madera County Board of Supervisors in September 2009, prohibiting medical marijuana dispensaries due to "inconsistencies" between federal and state laws regarding medical marijuana dispensaries, as well as due to "substantial likelihood for increases in criminal activity, illegal drug activity, robbery of persons leaving dispensaries..." and other concerns.

The Smiths, as well as several people from the audience, spoke in support of the collective's efforts. "If they close, where do I get my medication?" asked Ruben Mora of Oakhurst. "I'm 41 years old, I don't want to go out on the streets -- I'm not looking to get high, I'm looking for medication."

Commissioner Ray Krause told the audience the planning commission could not change an ordinance or decide on the merits of medical marijuana. Its only job was to approve or deny a land-use application.

"We are here this evening to hear an application regarding a use which, in the opinion of the Madera County District Attorney and county staff, is in conflict with current ordinance as set forth by unanimous vote of the board of supervisors," Krause said.

A letter to the commission from District Attorney Michael Keitz's office, recommended denial of the application. "Our review of the application submitted by the Smiths, in our opinion, is an application for a medical marijuana retail sales dispensary, contrary to the Madera County Code. Therefore, the application should be denied."

Smith said they believe their collective is not prohibited by the county ordinance, as it's not a retail establishment. "We are not doing retail sales, we are a nonprofit organization," she said.

It was after the closure of the public hearing portion of the meeting, and during the commissioners discussion that audience members became vocal.

"They kept talking about how important medical marijuana was while we were talking about whether or not it was legal," Wright said. "I told them we were not going to allow this. They had one explosion of applause and yelling. I told them this was not allowed. They had a second, I told them if necessary I would clear the room. I told everybody what the rules were," said Wright.

After several warnings to the audience and to Rita Smith for speaking out of turn, Wright ordered Smith to leave the meeting. Several members of the audience began vocalizing their displeasure over that order.

Commissioner Krause agreed with Wright's actions. "When some in the audience, to everyone's detriment, chose to advance their personal agendas by being disruptive, Chairman Wright had no choice but to excuse the audience from the room and proceed with a vote."

The commission voted 4-1 against the use permit.

The lone vote in favor of the request was from commissioner Ray Warner. "I wonder if the supervisors considered the negative impact of their action," Warner said after the hearing. "These people will have to drive to Modesto, Sacramento or the Bay Area for their medical marijuana."

Smith said she and her husband, along with collective co-owner Heather Wilbour, are already working on an appeal of the decision to the board of supervisors.

"We have 14 days to appeal, and we are writing a letter to the supervisors stating our position that the county is violating court decisions that have clarified any conflict between state and federal laws," Smith said.

In the meantime, Norman Allinder, Madera County planning director, says that any such business operating in the county today are operating illegally and the first step in enforcement of the county ordinance will be fines. "We are working with property owners for the Smith's operation and others in town to rectify these issues."

There is the possibility that the discussion will be rendered moot, however, as many people feel November's ballot measure legalizing recreational marijuana use is looking like it may pass.

Supporters of the measure point to the recent approval by the Oakland City Council for four production plants where marijuana will be grown, processed and packaged for medical use and the recent announcement by the Department of Veterans Affairs that the use of medical marijuana will be allowed in their facilities.

Supervisor Tom Wheeler says county staff is working on a new ordinance in case the measure passes. "If it passes, people can put dispensaries anywhere."

As for the issue of medical marijuana, Wheeler said he does not have an issue with the administration of it.

"As long we can do something that is all legal and helps the people that really need it, I'm OK with it," he said.