Mendocino
Medical Marijuana Advisory Board
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707-964-YESS |
The following is a document rec'd from Supervisor Wattenburger in 2007.
The anonymous letter, possibly from the Boonville Fire Chief, has been passed out of the Criminal Justice Committee on the BoS Consent Calendar and may now or soon be in the lap of Sheriff Allman as a fee recommendation for the Sheriff's zip tie program. Stay tuned, this'll be a hot one!
CANNIBIS EMERGENCY SERVICES FEE
Without any doubt Marijuana cultivation is a significant commercial activity within Mendocino County. The cultivation of Marijuana occurs in several distinct formats nearly all of which are commercial in nature. This would include large criminal dominated operations down to individual 215 permitted plants. To believe that any grow operation that exceeds a couple of plants, is not profit motivated is to be in a clear state of denial.
Another truth related to the cultivation of marijuana is that there are distinct and definable impacts on the medical and emergency service providers in Mendocino County. Here are a couple of very recent examples:
A recent ATV accident in the County resulted in the death of the rider. Based on the location and other factors one could easily assume that the individual or circumstances were related to marijuana grow operations. This accident caused an emergency response from a local fire agency, the California Department of Forestry, Calstar , the Highway Patrol and the Sheriffıs Office. The total commitment was at least 14 individuals and 7 vehicles. The local fire agency committed 3 volunteers, the responding ambulance included a crew of 2. This ambulance was the only ALS ambulance for a significant portion of the County. This commitment was for over two hours. In addition, the victimıs location was not in the direct jurisdiction of the fire department and he was not a resident.
At least two recent fires in the County were directly related to marijuana growing operations. If it had not been for very favorable weather conditions both of these fires would have been very major fires with a significant potential for the loss of numerous structures. Again, the local fire agency responded to the incidents. The first incident involved the commitment of two fire engines and 7 personnel. The commitment of department personnel was for over 5 hours. At the time of dispatch the CDF did not have a staffed station in the northern part of the County. CDF aircraft were the first CDF resources on scene. The first CDF engine came from Garberville. This fire was also outside the jurisdictional boundary of the local fire agency. If the local fire agency had not responded to the fire it would have been almost an hour before the first ground units would have arrived on scene. The second fire was with in the jurisdiction of the local responding fire agency. In this case the agency committed one engine, one utility vehicle and 5 firefighters for over two hours.
Over the last five years at least one fire agency estimates that over 80% of the departmentıs fires have been associated with marijuana grow operations. An unknown, but probably significant number of emergency medical calls have been for individual associated with the cultivation of marijuana.
The impact on the Countyıs medical services is also undoubtedly significant. The demands for service from individuals associated with the cultivation culture are compounded by low collection rates within the County. Supporting evidence can be developed that could tie significant County Medical costs to the underground marijuana economy.
For all the grow operations with in the County it is no secret that the bulk of the income is not taxed, property improvements are not taxed, and cash transactions are not taxed. While local emergency service providers are strapped for funds and their work loads increase, an increased burden is place on legitimate businesses and citizens. This is while a significant portion of the economy operates essentially tax free.
It is for these reasons that the County should impose a fee associated with the cultivation of marijuana. The following is an outline of a possible County Ordinance which would identify the need and establish a fee to recover costs.
Ordinance Outline
1. Establish a reasonable number of plants that can legitimately be used for personnel medical use under Prop 215.
This should be a realistic number that reflects the reasonable amount of marijuana needed to treat an individuals health issues. The maximum allowable number should only be the minimum supported by State regulation. When additional plants are needed they may be grown, but they would be subject to the fee.
2. An appropriate fees should be established that reflects the value of the individual plants as well as the value of emergency medical, fire and other public services.
Based on the apparent street value of an average cultivated marijuana plant a fee of $500 per plant would not be unreasonable.
3. Establish a receipt process that would provide evidence that the appropriate fee was paid while protecting the identity of the cultivator.
With in the appropriate County office a marijuana cultivator would be required to declare the number of plants to be grown as provided under the 215 regulations. All plants grown, up to the 215 limit would be fee exempt. At the time the 215 plants are declared the cultivator must also declare how many additional plants are to be grown. It is at this time the County collects the Emergency Services Fee. A receipt is provided to the cultivator which indicates the number of plants for which the fee has been paid. The receipt will also show the location of the garden for which the fee has been paid. This receipt must be displayed at the site of the garden. The copy of the receipt retained by the County will only show that a fee has been paid based on a specific number of plants. No record of location or of an individualıs identity will be retained by the County. An identifying number will be included so that verification can be made that the fee has been paid for a displayed receipt.
The receipt will indicate that this is not a license or permit to grow marijuana and that the individual cultivator is still subject to all applicable laws of the state and federal government. The fee is only assessed to provide funding for the emergency services potentially required as a result of the cultivation of marijuana.
4. The County will establish a revenue collection position with in the appropriate County agency to collect and administer the fee.
Funding for this position will come from the fee. The County will hire as necessary revenue officers that will inspect and audit grow operations to insure that the necessary fees have been paid. The revenue officers will not be peace officers and will not be charged with enforcing any marijuana laws other than the Countyıs Emergency Services Fee. This position should be proactive to search out gardens to verify that the required fees have been paid.
5. If it is determined that the required fee has not been paid then the cultivator will be assessed the fee plus triple penalties. The appropriate law enforcement agency will also be advised to provide for the removal of the plants.
If the fee is not paid the outstanding balance may be placed as a lien on the property where the plants were grown. The lien will not be placed on property were the property owner can show that he was not aware of the cultivation operation.
6. The collected fees shall be distributed by the County to the emergency service providers with in the County.
This would include fire departments, ambulance providers and the Countyıs hazardous materials team (REHIT). The County should receive 25% of the collected fee to administer the program. Monies received by the agencies may be used to acquire equipment, pay salaries, fund fire prevention programs or provide emergency service.
Revenue Potential
If the fee is set at 25% of the wholesale value of the marijuana the follow range of revenue could be collected. Estimates of plant product range from ½ to over one pound per plant. The wholesale value can be estimated at between $2000 to $3500 per pound. This would calculate out to a fee of between $250 to $875 per plant. Mendocino plant production has been estimated at between 1 to 1.8 million plants.
1 million plants * 25% declared * $250 per plant = $62,500,000 total fee collection
1.8 million plants * 50% declaration * $875 per plant = $787,500,000 total fee collected