Excerpt from "OFF THE RECORD"

A Whiff of Regulation — An Odor of Contention

by Mark Scaramella

IT'S HARD TO TELL if Ukiah Daily Journal reporter Mark Hedges was trying to be funny last week with his lead story called "Pot odors wafting in valley — With pot plants maturing, smell complaints are on the rise." "The proliferation of licensed medical marijuana gardens in the County are [sic] causing a steady increase in calls by neighbors complaining of strong odors," reports Hedges, who provides no numbers to back up the claim of "proliferation." Hedges then describes the "ripening" pot-smell as "strong" and "skunky," wittily adding that it "has become an odor of contention." Hedges goes on to quote Dean Wolbach, Mendo's Air Quality Management District honcho at such length that it seems obvious the non-story originated with Wolbach. Wolbach says, "Basically the issue is that we can get a lot of odor nuisance complaints when people are growing marijuana in residential areas," said Wolbach, "The odors — though not necessarily the growing — are offensive to a lot of people."

AND TRANSPORTING the pot to just as many of the town's lotus eaters, one can assume. We suspect that there's a big garden near Wolbach's house, hence the bureaucrat's "concern."

BUDDING POT does stink. No doubt about it. Wolbach said that the Air Quality Management District "will have to address this issue in some way," though he added that he was "not exactly sure of all the ramifications. As an air pollution control officer, this is becoming a nuisance issue because of the odors that occur during the ripening seasons of the plant — especially in more compact, urban, residential areas." Wolbach pointed to the pot garden odor problem as being "so widespread that eventually something is going to have to be done — the odors are becoming a public nuisance." As widespread as, say, air pollution in the Ukiah Valley? As widespread as the asthma attacks prompted by the wine industry's promiscuous applications of harmful chemicals? Then we get to the good part. "But there are insufficient funds to do inspections in more remote areas," Wolbach added. Who is this nut? Ralph Freedman's little brother? Shoemaker's cousin?

WHO NEEDS MONEY in Mendo to "inspect" for budding pot gardens? Volunteers are all over the place! "As for the use of pesticides on crops — notably the odoriferous sulfur applications unto [sic] vineyards — Wolbach said his agency is 'precluded from addressing those issues by law'," adds Hedges. Not exactly. Wolbach is referring to the so-called "right to farm" concept, which means that people who live in agricultural areas must expect to encounter agricultural activities — including odors. But that only applies when the farming pre-dates the odors. As Martin Mileck of Potter Valley's infamous Cold Creek Compost found out, you can't dump wet cow manure onto your heretofore untouched rural acres and call it compost while expecting your neighbors to shut up about the ensuing stench because it's "farming."

NOT WOLBACH. "The legislature has given Air Districts a lot of power, but they have also circumscribed that power in terms of how it can be used and applied," Wolbach said unconvincingly. (I can't remember the Air Quality District ever enforcing an odor complaint, unless it derived from illegal burning, and even then the enforcement ranged from kid gloves to non-existent if the offender was a Good Ol' Boy. Or Girl.

FINALLY WOLBACH coughs up some numbers. "Wolbach said that the complaints are steadily rising," reports Hedges. "'Three years ago there was one incident, two years ago there were three incidents, last year there were six and this year there are already eight or 10,' he said." Ten "incidents"? My God! Homeland Defense, pronto!

CALM DOWN, Dean. Better yet, fire up a doobie. You seem to need one. As DA Vroman told Press Democrat reporter Mike Geniella, "I haven't had one complaint about odor problems. I think Mr. Wolbach has too much time on his hands," Vroman said. Pot garden odors are not new to Mendocino County. There's no "proliferation." Ten "incidents" is not proliferation. And there's certainly no law being broken. The pot growers can cite the "right to farm" ordinance as legitimately as the sulfur appliers, the chemical sprayers, the manure spreaders or the diesel generators.

BE ALL OF THIS as it may, pot growing might be a zoning problem, though. I think you need a major use permit to grow and process pot in a residentially zoned area. Call the Planning Department, Dean. Get Ray "Little Fats" Hall on the case. He'll handle it in the same, calm, cool, professional way he handles monster house construction approvals in the Coastal Zone.