Medical Marijuana Growing in Butte County

Introduction

Medical marijuana has increasingly been in the news as a growing number of states throughout the U.S. have passed measures or at least put on the ballot an initiative to legalize either medicinal or recreational marijuana usage.  The history of marijuana in the U.S. is one that goes back as far as the country itself:  hemp (a type of marijuana plant) was used for rope, paper and a number of other purposes because of its strong fibrous tissue.1  It was not until the Prohibition Era of the 1920s that marijuana began to be prohibited by law in the U.S.—and within a decade, it was regulated among most states under the Uniform State Narcotic Act.2  Thus, from its very first days as a crop grown by the Virginia Company for exporting to England by decree of James I—and in fact from the days of the first President of the U.S. George Washington growing hemp as one of his main farming crops—to now, whereupon marijuana is making a resurgence (if not for its industrious uses then at least for its medicinal uses), much has changed in the American political and social landscape.  On Nov. 8th, 2016, California residents voted to legalize marijuana use throughout the state.3  In Butte County, California, marijuana has had its own history, too.  This paper will conduct a geographical analysis of the impact of growing marijuana on the surrounding environment of Butte County, in terms of land use laws, zoning variances, and when and why dispensaries have been allowed and/or disallowed compared to other parts of the state.

Literature Review

In California, medical marijuana is defined under the Compassionate Use Act of 1996, in which with the recommendation of a physician, a patient can legally obtain and use marijuana for relief of symptoms associated with any number of illnesses or diseases that cause pain or suffering.4  Yet, marijuana usage was still criminalized for persons not using the drug medicinally.  As Andrew Boyd notes in his evaluation of medical marijuana laws in Butte County, Diane Monson had her home raided by Butte County sheriff’s deputies in 2002 when deputies during a flyover spotted “marijuana growing in her backyard.”5  Federal agents also assisted in the raid and six plants were found.  However, because of the state’s statutory law, Monson was well within her legal right to grow, possess and consume marijuana:  her physician had in fact recommended it for her degenerative spine disease.6  The raid of Monson’s home in Butte County, CA, is just one example of the tension between legality and criminality when it comes to the issue of growing marijuana.  While, as of Nov. 8th, 2016, California residents statewide will face no such tension going forward, having voted to legalize marijuana, up until then California residents faced a number of questions about the issue.

In Butte County in particular, the effect of growing marijuana on the environment had taken a toll on the way that the environment was policed (deputies working with federal agents, conducting flyovers of homes and raiding residences is just one example).  In fact, since 1913, marijuana had been banned in California.7  Yet, the criminality of marijuana was largely associated with immigrants and carried with it a tinge of racism:  the law was first proposed “to prevent the spread of cannabis use by ‘Hindoo’ immigrants” and later it was used as a pretext to stage raids “in the Mexican district of Los Angeles in 1914.”8

The geographical environment, in other words, where marijuana growth was of most interest to authorities was the environment where immigrants just so happened to be most in residence.

However, since the passing of the Compassionate Use Act in 1996, legal dispensaries in California have become more and more commonplace throughout the state—so much so that marijuana has become a “lucrative crop…especially in the Eastern District of California.”9  This signifies that legal medical marijuana from 1996 to 2016 saw a tremendous increase in dispensaries throughout the state.  In Butte County, however, the situation has been less “lucrative” for marijuana growers.  For example, in 2010, Butte County passed Ordinance 2013, which prohibited medical marijuana dispensaries from selling marijuana in parts of the county that were unincorporated—the prohibition was extended for nearly 2 years.  In 2011, Butte County passed Ordinance 4037, which permanently outlawed all medical marijuana dispensaries in the county.  Because of pressure from local and federal agents, many dispensaries had by then left the county completely for less hostile parts of California.10

Damian Martin also identifies issues between local law enforcement agents and medicinal marijuana growers, such as Patrick Kevin Kelly, whose home was raided like Diane Monson’s.11  Thus, when it comes to zoning issues, Butte County has essentially ordered it that all dispensaries are in violation of zoning ordinances.  However, private growers, growing marijuana as per doctor’s recommendations have also come into conflict with law enforcement, indicating that there is no clear sense of where legality and criminality cross over.  Law enforcement agents in Butte County have indicated in their actions and surveillance that they do not condone marijuana growing in any form—but physicians following the letter of the law in Butte County have taken the liberty of recommending marijuana usage for patients like Patrick Kelly and Diane Monson.

Local Research

The issue of medical marijuana in Butte County has clearly been a contentious one, as the research on conflicts between local growers and law enforcement agents suggests, and as the County’s own laws regarding the banning of dispensaries since 2011 indicates.  Beginning in 1996, zoning for medical marijuana usage was permitted, but as the County began to crack down on medical marijuana, the dispensaries began to leave the county.  By 2011, when they were totally restricted from opening, almost all of them had already left.

Private growers, however, were still permitted to grow according to the law, having received a recommendation from their physician.  Still, this permission did not stop local law enforcement agents and federal agents from making raids on homes.  Part of the problem is that the County administrators project an unwillingness to support local medical marijuana usage, as interviews with stakeholders have indicated.  This helps to explain the restrictions on cultivation of medical marijuana which are set out in County Code 34A:  the ordinance implemented a Land Use Law in Butte County regarding how medical marijuana can be grown.

The ordinance sets out guidelines for cultivation areas according to “parcel size, residential requirements, setbacks, fencing, civil fines, and other issues.”12  These restrictions, for instance, are as such:  “A parcel that is greater than 0.5 acres and supported by only one recommendation is allowed a maximum cultivation area of 50 square feet.”13  A property that is smaller than half an acre is allowed indoor cultivation only.  Properties are not allowed more than 50 square feet outside for growth unless they are larger than 5 acres.  Obviously this presents a number of challenges and even risks for residential growers who have a doctor’s recommendation.  One of the risks is that if their property is smaller than half an acre, they are required by the ordinance to grow indoors—but as has been reported, indoor growing comes with risks, such as electrical fire.14

Moreover, according to Butte County ordinances, cultivation of medical marijuana is not permitted within 1000 feet of a school, park or other public facility.  It cannot be grown within 600 feet of a school bus stop; it cannot be grown within 100 feet of a residence that is occupied on an adjacent parcel; it cannot be grown where it is visible from the public street, and it cannot be grown in zones where it is prohibited.

Violations to ordinances in Butte County come with hefty fines, increased from $500 per day for every day the offense goes unaddressed to $1000 per day.15  As local stakeholders have indicated in private interviews, the laws in Butte County are very unfavorable to the growth of medical marijuana, while in other parts of the state, such as San Bernardino, Oakland and Humboldt County, the geography and laws there are much more favorable to medical marijuana growers.16  Butte County simply is not.

This means that individuals who suffer from chronic pain but who live near a school or bus stop are not allowed to grow their own medicine because of the ordinance.  The method used to gather fieldwork for this study was the survey method.  Surveys were distributed door to door among five neighborhoods in Butte County.  The neighborhoods were in the city of Chico, are ran along Park Ave. up to W. East Ave.  

200 surveys were delivered overall and of them 75 were returned.  The survey questions asked were:  1) Do you feel Butte County’s ordinances for growing medical marijuana are fair to individuals who are medically in need of marijuana?  2) Should Butte County make growing marijuana legal?  3) Do you believe marijuana usage is bad for one’s health or for the county?

The survey answers were measured using the Likert scale of 1 to 5.  The answers indicated that more than 75% of respondents viewed the ordinances of Butte County to be against the rights of the citizens and that the County was not supportive of medical marijuana usage for citizens because of the strict conditions that growers had to meet in order to be able to lawfully grow marijuana.

Conclusion

In conclusion, Butte County’s residences, according to the survey conducted for this study, were not content with the ordinances put forward by the County.  Marijuana has a long history in the U.S. dating all the way back to Founding Fathers—even to George Washington himself.  Today, however, the plant has a negative connotation among lawmakers in Butte County.  While residents and users with chronic pain and illness wish to see usage and growth easier for people, the recent vote in California for total legalization will most likely change the way Butte County views marijuana growth and usage from here on out.  With the new law passed state wide it remains to be seen how Butte County officials approach the issue from now on, but as the voters of the state have indicated, California wants marijuana legalized across the board.  However, some communities like Butte County, may continue to put up a fight.  If its residents have any voice, that fight may be short-lived.

References
“5 Marijuana-friendly Communities in California.”  LeafBuyer.  < 
https://www.leafbuyer.com/blog/5-marijuana-friendly-communities-in-california/>
Barton, W. E.  When Boston braved the king.  Boston:  Wilde & Comp, 1899.
Bonnie, Richard, Charles Whitebread, “The Forbidden Fruit and the Tree of Knowledge: 
An Inquiry into the Legal History of American Marijuana Prohibition.”  Virginia Law Review, vol. 56, no. 6 (Oct., 1970), 972-983.
Boyd, Andrew.  “Medical Marijuana and Personal Autonomy.”  Journal of Marshall Law 
      Review, vol. 1253 (2004), 37-47.
“Butte County Board of Supervisors Agenda Transmittal.”  Butte County Dispensary 
Ban.  Scribd.  Web.  <https://www.scribd.com/doc/129489624/Butte-County-Dispensary-Ban>
California Health & Safey Code S. 11362.5.  (1996).  Retrieved from 
      http://www.canorml.org/laws/hsc11362_5.html
Durbin, Kaitlyn.  “Growing marijuana at home comes with hazards:  fire, illness and even 
death.”  The Gazette, 21 Feb 2016.  Web.  <http://gazette.com/growing-marijuana-at-home-comes-with-hazards-fire-illness-and-even-death/article/1570568>
Gieringer, David.  “The Forgotten Origins of Cannabis Prohibition in California.” 
      Contemporary Drug Problems, vol. 26, no. 2 (1999), 237-254.
Martin, Damian.  “California Medical Marijuana Law:  The voters and legislature have 
made their decision; now let them interpret it!” Journal of Law, Economics and Policy, vol. 105 (2015), 11-18.
Restrictions on Cultivation of Medical Marijuana.  ButteCounty.  
<https://www.buttecounty.net/dds/CodeEnforcement/CultivationMedicalMarijuana/Ordinance.aspx>
Wagner, Benjamin; Jared Dolan. “Medical Marijuana and Federal Narcotics Enforcement 
in the Eastern District of California.”  McGeorge Law Review, vol. 109 (2012), 43-67.