Hidden Valley Lake Association directors held an initial discussion on the matter at the Feb. 12 board meeting.

Association Secretary Rick Munroe presented the matter, which arose because a Hidden Valley Lake resident had a portion of a marijuana plant stolen out of his yard and reported it to Hidden Valley Lake Security.

Munroe presented to the board an excerpt from a security report on the theft, which occurred in December.

An unknown subject had cut a section of a wire fence in order to steal part of a marijuana plant. Hidden Valley Lake Security, on the order of Chief Charles Russ, told the owner of the plant to report it to the sheriff's office.

“What are we going to do about this, and the nuisance it creates as demonstrated by this incident report?” Munroe asked.

He then offered his own proposal – that Hidden Valley Lake Security be asked to research the matter, including the association's rights to restrict it. Security could then bring its findings back to the board of directors for consideration.

Munroe said if a person wants to grow medical marijuana in their house and they have a license to do so, it shouldn't be a problem. But if it's growing in their yards Munroe suggested it creates a nuisance.

“It really is a law enforcement problem,” he said, adding that the association's security should not get involved “in any way, shape or form.” Munroe further urged residents to call 911 if they see it in a yard.

Director Kathy Joseph agreed. “Chief Russ can solve it with the authorities, and speak with the narcotics task force and the sheriff’s department. I can tell you there was another incident in the past that had involved a gun.”

Residents at the meeting appeared to strongly oppose the idea of having medical marijuana grown in their community.

One man asked the board if they were talking about banning versus reporting, and did the board have the right to ban medical marijuana?

Munroe indicated that they needed more information about what is and isn't allowed under medical marijuana laws.

The discussion was closed with a vote from the board to send the matter to Russ for his investigation and a report back.

Russ is expected to present his findings to the board at its March 12 meeting.

Communities here in Lake County and in other parts of the state continue to confront concerns that have arisen since the 1996 passage of California's Proposition 215, the Compassionate Use Act, which allows people with doctors' recommendations to use marijuana for medical reasons.

In March of 2007, the Lakeport City Council voted to ban medical marijuana cultivation within the city limits.

Reasons for the measure included the plants' pungent odor when they mature, but security concerns were the major motivator, according to previous statements by Lakeport Police Chief Kevin Burke.

He said that in October of 2006, a man growing medical marijuana in his yard in Lakeport found a suspect trying to steal his plants, as Lake County News has reported. The plants' owner fired a shotgun at the suspect, who escaped. The incident raised concerns about the potential for thefts and violence as a result of marijuana growing.

The city of Clearlake also is looking at whether or not to allow medical marijuana dispensaries.

The city of Ukiah reportedly requires a minor use permit to grow medical marijuana in the city limits.

Elizabeth Larson contributed to this report.

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HVL Security?
written by Hwy175, February 24, 2009

It seems that the venerable security force of HVL is truly utilitarian. Not only can they get cats out of trees and call the police for you when something 'real' happens, they also perform legal research! What a fine demonstration of how clueless the board is. Sure, restrict medical marijuana if you'd like, but for goodness sake use an attorney for your research. The absurdity of it all boggles the mind.

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HVL fees...
written by cale_page, February 24, 2009

How are those people going to pay the homeowner fees if HVL takes away their source of income? Alot of these people would have to get real jobs in a job market that is not very strong. Where is your compassion.

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MMJ cultivation cannot be totally restricted per our state AG & 215
written by WatchDog, February 24, 2009

The HVL better get their facts together before they get taken to court, and have to pay for all the court fees and personal losses from illegal actions against their members.

EDMUND G. BROWN JR., our California Attorney General, clarified this for ALL California Law Enforcement Officers and residents in his GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE published in August of 2008.

The Lakeport City Council DID INDEED vote to ban medical marijuana cultivation within the city limits, HOWEVER it has been unenforceable! I am going to suggest to the Lakeport City Council and City Attorney at one of its next meetings, to either remove it from the books, or modify it per the State Attorney's office.

The Lake County News also reported a little while ago, that the Lakeport and Clearlake Police Chiefs are also following the AG's ruling - they HAVE to, and their is no way that the HVL can change those rights as long as it is not a nuisance. If a person does not have such a place outdoors, then they still have a right to grow it indoors.

Wealthy municipalities, such as San Diego County, who can afford to try to fight these rights have all lost their court cases. It has also been declared in the Supreme Court that it is unlawful for any state, county, or city law enforcement officers or agencies to work with the feds to enforce federal law in lieu of state law, because our state constitution requires that they uphold our state laws first and foremost.

Give it up HVL et all, there are less of these encounters than others to be concerned about. Maybe one should be for better overall security for your members, otherwise they should be informed not to have ANYTHING of value that they do not want to be stolen. How do our stores survive, having to display diamonds, guns, and many valuable items behind flimsy breakable glass?

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Pathetic busy-bodies
written by allen, February 24, 2009

I'm so glad I never went for the gated-community lifestyle.

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Limit marijuana gardens to protect children
written by mtsthelena, February 24, 2009

As much as I respect the legal right of those with prescriptions to obtain medicine, marijuana growing within easy reach of children is unwise and deserves to be opposed. It combines the worst features of tobacco and alcohol - an intoxicant that is bad for the lungs. A teen has too much serious preparation for life to do to make room for this nonsense. Not all have the good sense to realize that.

The community should insist on reasonable limits to discourage the illegal use of this drug. I applaud the HVL board's willingness to stand up and consider limits because of children's interests.

The regulated pharmaceutical industry should take over medical marijuana supply, like all other legal, controlled medications. Then it could be dispensed in pharmacies and kept out of backyards, where is stinks worse than livestock, which are already prohibited. If a new law is needed to keep this nuisance in responsible hands, let's pass it.

W. T. McVay
- Father
- Scoutmaster
- HVL Resident
- Businessman

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why are certain drugs illegal?
written by boondoggle, February 24, 2009

Big pharma cant make money on them. They have been trying to duplicate the benefits of marijuana in their labs,not much luck except for marinol which knocks people out. Why is mj illegal because years ago the drug czar wanted to expand his empire so he had it added to the list. Why is hemp illegal because it competed with synthetic materials made by Dupont.
It also competes with cotton as it needs far less care and feeding and is pest resistent. Solve the budget crisis and create jobs by decriminalizing mj since it is a bigger crop than grain or vegetables dollar wise. That would be too easy and besides we have to keep those jails full don't we?

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The Good The Bad and The Ugly
written by purplegirl, February 25, 2009

"It has also been declared in the Supreme Court that it is unlawful for any state, county, or city law enforcement officers or agencies to work with the feds to enforce federal law in lieu of state law, because our state constitution requires that they uphold our state laws first and foremost."

This is absolutely true and our local government officials should not only know this but make sure it is put into action. This is made VERY clear in the 10th Amendment of the Constitution which ALL of our government officials are sworn to protect.

"Give it up HVL et all, there are less of these encounters than others to be concerned about. Maybe one should be for better overall security for your members, otherwise they should be informed not to have ANYTHING of value that they do not want to be stolen. How do our stores survive, having to display diamonds, guns, and many valuable items behind flimsy breakable glass?"

I agree. If you call growing medical marijuana a public nuisance because it attracts crime (which, by the way, is the result of the criminal's action NOT the victim's) then you need to call anything which attracts crime including: wearing wedding rings (because, from a thief standpoint, a diamond ring is far more valuable to wider range of thieves than a marijuana plant), opening drapes (because then a thief can see what sort of valuables you have from television sets to stereos), and carrying purses in public (because, again, purses can carry things far more valuable than marijuana... like credit cards and unlimited amounts of cash).

Unfortunately for the victim (and anyone else who signed a contract to become a part of an "association"), if you sign a contract to become a part of a community which has an "association" who has the power to not only create but modify the contract, you are bound by that contract (even if it violates the U.S. Constitution) because contractual law overrides the U.S. Constitution. The reason for this is that the assumption is that you read the contract of sound mind and body and therefore you voluntarily and knowingly gave up those rights. (For example, once you sign your driver's license you give up both your right to travel freely (which is guaranteed in the Constitution) because now you have just signed something where you agree to have this right restricted by certain things you agree to when you sign it you also agree to submit to a breathe, blood and urine test which is in total opposition to your right to privacy guaranteed by the Constitution but is perfectly legal because it is a binding contract which you have the choice whether to sign it or not.) As well, if you sign on to become part of an "association" you (unfortunately) allow the association to make the rules you have contractually promised to abide by because through contract you have basically signed away some of your rights (even the unalienable ones). That is why you should ALWAYS read/understand contracts fully before signing them because you may very well be signing away your rights (even the unalienable ones).

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