Marijuana advocates sure of future legalization

http://www.redwoodtimes.com/garbervillenews/ci_16703690

11/24/2010
Virginia Graziani

"This place will become another Appalachia unless we prepare now" for the legalization of marijuana, Robert "Woods" Sutherland warned an audience of cannabis advocates at a forum that closed the 20th annual Hemp Fest at the Mateel Community Center on Sunday, Nov. 14.

KMUD news coordinator Cynthia Elkins moderated a panel of ten experts on marijuana issues, including attorneys, lobbyists, a medical marijuana dispensary director, a Humboldt County supervisor, and citizens committed to creating ways of making legalization work to the benefit of the local economy and culture.

Discussion topics included plans to write a new legalization initiative following the failure of Proposition 19 in the Nov. 2 election, the impact of federal law on state legalization, proposals for local ordinances following legalization, branding and marketing of the local product, indoor v. outdoor grows, large v. small grows, and the "Clean Green" certification, the equivalent of organic certification for food products.

All the speakers emphatically agreed that legalization will come even though Proposition 19 lost at the polls this year. They also concurred that unless Humboldt County and other rural counties in the "Emerald Triangle" proactively take part in writing the initiative, the new regulations will favor huge industrialized operations like those proposed for the city of Oakland.

Several speakers addressed the reluctance of many local growers to support legalization, which will lead to government regulation.

Speaking frankly, Kim Nelson of HuMMAP (the Humboldt Medical Marijuana Advisory Panel) said he'd heard "anger and outrage over the idea of getting a permit to grow marijuana -- imagine paying the county to grow pot!"

"Right now the only thing that regulates marijuana is law enforcement," Nelson pointed out. "We're trying to get law enforcement out of it, and make it like agriculture. If you grow too much an ag guy comes out and gives you a fine. No guns. No jail terms."

Haylee Corliss, HuMMAP lobbyist and former aide to State Assemblyman Tom Ammiano, said she had an argument with her father, who has been living in Humboldt for 40 years, about the value of legalization just the night before the forum.

Corliss believes legalization is in Humboldt's best interest, although she agreed that Proposition 19 was a badly written initiative. She urged everyone to consider more than their own lifestyle but to think about ending the "violence, terror, and fear, the friends in jail," and the danger of drug cartels.

"It's time for Humboldt to step up to the plate to put legalization on the 2012 ballot," Corliss continued. "The next [initiative] must consider Humboldt, the region that grows the best marijuana in the world."

A new initiative should recognize small farms as the safest and most sustainable way to grow, allow small businesses to flourish, and support "the nature of the plant."

Humboldt County Third District Supervisor Mark Lovelace said that "more than anything we need to engage the whole community in open, non-judgmental discussion," realizing that "even in our own community people need to hide."

Lovelace said the board of supervisors supports legalization with regulation, and sees the recent election as an opportunity to broaden the conversation. He noted that more Californians voted to legalize marijuana than voted for losing gubernatorial candidate Meg Whitman.

Attorney Omar Figueroa, co-founder of the Cannabis Law Institute, who has successfully defended many medical marijuana patients, talked about "the federal gorilla in the room," noting that his clients thought they were legal because they had recommendations and permits, only to discover that this meant nothing to federal prosecutors.

In response to a question from the audience, Figueroa said that the best protection from the feds is to "stay small." He reminded them that there's no conspiracy charge when only one person is involved.

"Grow a tiny number of huge plants instead of a huge number of tiny plants," he advised.

Lovelace added that federal involvement "can cool our jets." For example, while the county may embrace the idea of organic certification of marijuana, the agricultural commissioner cannot touch it because of federal law, so a third party would be needed to do the certification.

Likewise, the county's Economic Development Department cannot get involved in working with the marijuana industry because the county would risk losing federal funding for other projects.

"If we let marijuana be prosecuted until it becomes an endangered species, then they'll protect it," he quipped.

Regarding marketing the Humboldt "brand," Lovelace pointed out that the county is already engaged in "branding" other Humboldt-grown agricultural products like grass-fed beef, organic dairy products, oysters, goat cheese, wine, and micro-brewed beer.

"Humboldt has name recognition to die for, but the Humboldt brand doesn't belong to just one group. We want people to associate the Humboldt name with each product ... [the other industries] have some concerns about how branding Humboldt marijuana may affect their industries. We share this name, how can we work together?

"We need to listen to the concerns of those opposed," he went on. "Some people in the industry are abusers .... We need to talk to Chambers of Commerce, teachers, health care workers, social workers, and law enforcement to be ready [for a new legalization initiative] two years from now."

Furthermore, several people, including members of the audience, felt that the brand name should be expanded from just Humboldt to a wider Emerald Triangle or regional brand.

Julia Carrera, an acupuncturist and a third-party inspector for Mendocino County, mentioned the importance of all the local counties working together to make sure that urban areas like Oakland don't dominate the legalization process or the market after legalization.

This concept led to discussions of indoor v. outdoor and small v. large grows. While most people agreed that small farms are the most likely to be sustainable and environmentally sensitive as well as growing the best, most natural product, others observed that smaller indoor grows can be organic and energy-efficient as well.

Panelist Chris Van Hook is an attorney who created the "Clean Green" certification program for medical marijuana farmers who follow federal organic standards. The certification process includes an initial application with growers listing the products used from seed treatments through fertilizers, pest control, cleaning, and final processing.

Screening of the paperwork is followed by an on-site farm inspection by a qualified inspector, who also will work with farmers to help them comply, and to assist them to get into collectives to sell their product.

Dispensaries can also receive a Clean Green certification, so that the patient knows the product is certified from beginning to end.

A medical marijuana patient in the audience said she had been told by her healthcare provider that marijuana grown indoors is missing two cannabinoids needed for pain relief.

Dennis "Tony" Turner, a dispensary director in Arcata, noted that different patients respond differently to various strains of marijuana, and what works well for one patient may not help another person.

A person in the audience who breeds plants explained that growing in high heat produces more THC and kills off some of the other cannabinoids, but agreed with Turner that patient needs differ. "Everyone should have their choice," she concluded.

A single mother said that a small indoor grow had enabled her to support her family after she became unable to work due to injury and talked about how weather, pests, and other variables can damage outdoor crops. "We are making so many guesses it makes me nervous," she said.

Syreeta Lux of HuMMAP replied that her organization came to the same conclusion. HuMMAP is preparing a survey to be distributed to growers, cultivators, and workers in the industry in hopes of finding answers to many questions about the true costs and benefits of growing marijuana commercially.

HuMMAP is also preparing a second survey to be distributed to local non-marijuana businesses to try to determine the impact of marijuana on the overall economy.

Right now HuMMAP is looking for at least eight more persons willing to answer a pilot survey to make sure the questions are clear and appropriate before distributing the final version more widely. All responses will be kept confidential, as HuMMAP will assign numbers rather than names to each survey.

Some questions arose about large v. small grows. Many references were made to the value of small farms, but there was no agreement as to what constitutes a small grower.

Max Del Real, a professional lobbyist and member of the Humboldt Growers Association, defended HGA's proposed ordinance, which allows grows of up to one acre, or 40,000 square feet, pointing out that the Oakland ordinance would allow warehouse grows of up to 100,000 square feet.

He observed that while no counties have yet written an ordinance, several cities have done so, and that Humboldt must be able to compete. "This is about more than just farming, more than just cannabis," Del Real declared. "It's about schools, waterways, transportation, the future of Humboldt County, and the future of California."

After about three and a half hours of discussion, moderator Elkins closed the session so that the panelists could have time to mingle with the audience for one-on-one conversations. She thanked the Mateel Community Center for sponsoring the forum, MCC manager Justin Crellin for organizing the event, Rob and Andrew for sound, Kerry Reynolds of KMUD for recording the forum, and Kelly Lincoln for making sure the mic got to all the members of the audience who wished to speak.

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