Faced with legal threats from Uncle Sam, the Mendocino County Board of Supervisors on Tuesday gutted its innovative, revenue-generating medical marijuana permitting program that allowed cooperatives to grow up to 99 plants.
"The mistake was made when we pushed the envelope," said Supervisor Kendall Smith.
Rather than issuing permits - process that was recently-suspended - the county now limits the number of plants to 25, well within the limits set in other counties and less likely to raise a red flag for federal authorities who consider pot for any purpose to be illegal. Sonoma County allows up to 30 plants.
The U.S. Attorney's Office Jon an. 3 threatened to sue the county over its permitting of 99 plants and charging fees for the permits, which generated $663,230 for the Sheriff's Office last year. Marijuana-related permits also are the focus a Southern California court case that the California Supreme Court last week agreed to hear.
About 30 marijuana growers, sellers and users made a case Tuesday for supervisors to retain the program. Many suggested making it an informal, voluntary program they thought might bypass the sticky permit issue. They said the permits brought them out of the shadows of illegality, made them feel like they were part of the community and gave them some safety from prosecution.
But feelings about the ordinance always have been mixed and several others said the ordinance should be dropped. It drew attention to growers in Mendocino County and made them more vulnerable to federal prosecution, they said.
They noted that one of the most outspoken permit holders, Matt Cohen, was the subject of a federal raid last year.
The permits have "proven worthless as protection," said Paula Deeter, owner of a medical marijuana dispensary on the coast.
Supervisor John Pinches said the permits may have given some growers a false sense of security. "We make it sound like it's legal," he said.
Only a few people who spoke Tuesday opposed marijuana production.
Supervisors approved the revised ordinance on a 4-1 vote, with Pinches dissenting.
He said he doesn't see much difference between allowing 25 plants or 99 plants because both are illegal under federal law. "It's like telling a bank robber he can't touch the $100 bills but the $10 and $20 bills are OK, he said.
"Maybe we should just get out of this whole wrangling process," Pinches said.
You can reach Staff Writer Glenda Anderson at 462-6473 or Glenda.anderson@pressdemocrat.com.
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