As Lake County's Measure N heads to a vote June 3, opponents of the proposed marijuana regulations already are preparing to replace it with their own ballot measure in November.
"Basically we were very unhappy with Measure N," said Dan McLean, a member of the Emerald Unity Coalition, a marijuana advocacy group.
On Tuesday, the group submitted 3,505 signatures for a new ballot measure. It needs at least 2,115 valid signatures from registered voters to qualify its rival measure for the fall ballot. The county's Registrar of Voters has 30 business days to check the signatures.
The Emerald Unity Coalition's proposed "Medical Marijuana Control Act" is the latest front in a series of battles for control of county marijuana regulations. Pro marijuana groups were able to get another measure on the ballot in 2012 but voters soundly turned it down.
Last year, the Lake County Board of Supervisors adopted restrictions on marijuana cultivation in unincorporated areas of the county. The new regulations were placed on the ballot, in Measure N, after pro marijuana groups submitted enough signatures to force supervisors to rescind the ordinance or put it before voters .
If approved by voters, Measure N would ban outdoor marijuana gardens in residential neighborhoods, allowing only indoor marijuana cultivation.
Marijuana advocates say it's much more difficult and expensive to grow pot indoors. The Emerald Unity Coalition's rival ballot measure, submitted Tuesday, would allow four mature plants on parcels of less than an acre.
Measure N would allow outdoor cultivation on parcels larger than an acre, with up to a maximum of 48 plants on agricultural parcels larger than 20 acres. The Emerald Unity Coalition's rules would allow up to 48 mature plants on parcels of five or more acres.
The ban on outdoor marijuana gardens in neighborhoods is, in part, a response to complaints from growers' neighbors, who say they can't open their windows or enjoy their backyards because of the overwhelming smell of harvest-ready marijuana. Measure N would require filtration devices to reduce the smell associated with indoor marijuana operations.
Measure N also includes regulations aimed at reducing the risks of fire that has been associated with indoor pot growing and sets out rules to protect water resources, control erosion and regulate pesticide use on outdoor gardens.
Outdoor gardens also are required to be fenced and shielded from view.
In addition to marijuana advocates, Measure N is opposed by former Supervisor Ed Robey. He said the measure lacks a funding mechanism to pay for enforcement.
"The Board of Supervisors has an ordinance right now. It's not being enforced. It's like the Wild West" in Lake County, Robey said.
The marijuana coalition's version would impose fees on people who grow 13 or more plants. The money would fund a "Medical Marijuana Enforcement Division" within the county's Community Development Department.
Incumbent Supervisor Rob Brown said there is a funding mechanism in Measure N: the penalties charged to growers who violate the regulations.
Brown said if Measure N passes, the board would be able to make minor changes later.
"We've always indicated that it's not perfect. It's going to be a work in progress," he said.
Measure N proponents say it's important to control rampant marijuana growing, which they say attracts crime in addition to being a smelly nuisance. Marijuana-related home invasion robberies and other pot-related crimes have increased with the legalization of marijuana for medical use, according to law enforcement. It's also damaging the county economically, said Melissa Fulton, director of the Lake County Chamber of Commerce.
"The feeling is it keeps people from coming here for 'regular' recreation use of the lake," she said.
Opponents and proponents of Measure N agree on one thing: It's just a matter of time before marijuana is legalized for recreational use in California. While legalization and regulation is the ultimate solution, it must be legalized nationwide to eliminate the profit that motivates crime, Brown said.
UPDATED: Please read and follow our commenting policy: