MIDDLETOWN – The growing of medical marijuana will not be banned in Hidden Valley Lake, nor will it be policed by the homeowners association's safety and security division, according to a recent decision.

During a Hidden Valley Lake Association board meeting last month the issue of growing medical marijuana in the community was raised. Board members discussed the legal ramifications if individuals decided to grow it – not only indoors but outside as well.

The subject gave rise to questions and concerns for board members and residents, and the board asked Chief Charles Russ, head of the association's safety and security department, to prepare a report and bring back his recommendations.

Russ did just that at the March 12 meeting.

In his memorandum to the board, Russ explained that California voters passed Proposition 215, the California Compassionate Use Act, in November of 1996. The measure creates an exception to California laws prohibiting the possession and cultivation of marijuana for patients and primary caregivers with a physician's approval.

The law protects people who want to grow medical marijuana by allowing up to 12 immature marijuana plants per qualified patient. In addition they are allowed to have up to a half-pound of dried marijuana at their residence, with the proper identification.

That leads to concerns about people getting together to “co-op” their plants, which could itself become a nuisance. One Hidden Valley Lake resident had reported having marijuana plants stolen from his yard.

Another grower – who uses medical marijuana for severe post traumatic stress disorder resulting from service in a war zone – stated that he did not want this to happen to him and he would take the necessary precautions to insure that.

The Hidden Valley Lake Association board did not want to have their safety and security division monitor and control this area of the law because of the obvious risks involved.

The Lakeport City Council passed an ordinance in 2007 banning the growth of medical marijuana in the city limits citing the plant's strong smell, concerns about potential crimes and the lack of staff resources to engage in extensive regulation.

Russ had several options for the board to consider. One of them was to require residents with medical marijuana cards to register with the association and obtain a special use permit to cultivate the plants outdoors. However this option could also be challenged legally and impact the administrative workload, Russ said.

Russ said that if Hidden Valley Lake is to adopt a policy that prohibits outdoor marijuana cultivation, as they did in Lakeport, they would need to defer to legal counsel and an advisory committee for “additional review and feedback.”

Ultimately, however, Russ' recommendation – which the board accepted – was that the association maintain its existing policy and refer marijuana complaints and issues to the appropriate governmental issue, in this case the Lake County Sheriff's Office, which has legal jurisdiction over Hidden Valley Lake.

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