Templeton man agrees not to grow cannabis outdoors, plants 15 acres

June 23, 2019

By KAREN VELIE

Shortly after negotiating an agreement not to grow cannabis outdoors for 20 years, the owners of an indoor marijuana grow in Templeton applied for and received a permit to grow 15 acres of industrial hemp, a cannabis strain. [Cal Coast Times]

On March 26, Jamie Jones of Kirk Consulting negotiated a settlement agreement with Ian McPhee to drop his appeal of a proposed mixed indoor and outdoor marijuana cultivation project on York Mountain Road. In exchange, Frank Ricigliano and Laura Gardner, Jone’s clients, agreed not to grow cannabis outdoors for at least 20 years.

Hemp (Cannabis Sativa) and marijuana (Cannabis Indica) are two varieties of the cannabis plant. Hemp is rich in CBD, a non-psychoactive compound currently touted as a treatment for epilepsy and seizures. The other strain, marijuana, has higher levels of THC, a psychoactive drug.

On May 30, Ricigliano applied to the County Agricultural Commissioner for a permit to grow 15 acres of hemp. The county approved Ricigliano’s application, and he planted hemp on his property.

After discovering the apparent contract violation, on June 17, McPhee’s attorney Tim Carmel contacted Ricigliano’s attorney Roy Ogden.

In a phone conversation about the alleged contract violation, Ogden argued hemp does not fall within the county’s definition of cannabis, according to a June 18 cease and desist letter Carmel sent to Ogden.

“That the County is inconsistent in its regulation of the different species of the cannabis plant is irrelevant,” Carmel wrote in his letter. “The scientific name of hemp is Cannabis Sativa and no rational argument can be made that hemp is not cannabis.”

The California Health and Safety Code 11018.5 refers to industrial hemp as “a crop that is limited to types of the plant Cannabis sativa.”

In his letter, Carmel gives Ricigliano 10 days to remove the outdoor hemp grow or face legal action.

“Please advise your clients to immediately cease and desist cultivating cannabis outdoors on the Property, to include removal of any and all species of cannabis that have been planted outdoors, within 10 days of the date of this letter,” Carmel wrote. “In the event that they do not comply, Mr. McPhee is prepared to pursue all remedies available to him at law and equity.”


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ratherbefishing

These clowns (those that don’t follow the rules) are going to kill their golden goose.


oldtimer

And the Mcphees continue to complain, and serve overpriced bad food in my opinion, next to Cock Roach Ajs I grew up eating so nostalgically. No one complains of the Vineyard Fermentation season I smell so often. Like living next to an open sewer. I would rather smell something skunky vs feces, and the feces that kills millions annually do to negligent use. Alcohol has its social and holistic use. Hemp and pot offers far more, industrially and holistic. And soil, grape leach, pot feeds. All about Nitrates. We don’t “wine” when billionaires Resnicks kill our old growth, Lord forbid someone plants sustainable ag near old Hearst Castle, king of anti hemp, and anti semitic racist, friend of Henry Ford etc. Shame on the over privileged Mcphees and John Peschong for being such a push over miss managing our Basin catering to a bunch of wealthy Mcphees whom sip wine but hate weed so use Gov and tax dollars to suppress free market. Paso water basin is managed by him, if anyone gives a rats A**, I go to those redundant meetings to represent the old clean humble selfless farming families of Slo. Shame on John Peschong, where the heck are Debbie and Lynn to shut that weird guy up? He is out of the Adams Family in the worst way. Also, if you watch Tuesdays for BOS, John is a total sexist. Insulting Lynn on her driving; eluding that women drive bad. Ask for reference of this, shoot; I’ll contact Lynn and verify. The guy is an ignoramus.


Scarlet

*allude, my dude. And it’s time for your meds.


CC_Marauder

Ha


I always hear (and envision a cane wagging in the air), “Get off my lawn!”


oldtimer

Yes, What Did Churchill say about a cane or stick? Old grumpy man I am, working hard for the little men and little women.


oldtimer

Meds taken. Facts checked.


oldtimer

Grammer and spelling errors blamed on Android Noted.


Scarlet

*grammar. Good lord.


JordanJ

You are out of touch. California is growing seven times more pot then is used in California, and it can not be legally exported. Hemp and pot are water thirsty plants, not conducive to our area because of water issues. The public was behind John Peschong and Debbie Arnold in the management of the water basin, 80 percent said no to Resnick, Adam Hill and Bruce Gibson’s plans.


As for Peschong being sexist, Hill and Gibson have demeaned women on the board for years. Peschong’s only failure is that he does not stick up for them more.


And as for Ian McPhee, standing up for elderly neighbors with breathing issues that would be negatively impacted by cannabis is honorable. And McPhees has some of the best food in the county. Maybe your pot smoking has screwed up your taste buds.


MysticOne

“Hemp (Cannabis Sativa) and marijuana (Cannabis Indica) are two varieties of the cannabis plant. Hemp is rich in CBD, a non-psychoactive compound currently touted as a treatment for epilepsy and seizures. The other strain, marijuana, has higher levels of THC, a psychoactive drug.“


Hemp = ANY cannabis that has less than .3% THC. It is not exclusive to any of the 3 varieties of cannabis, all 3 can be called hemp if it meets that one criteria with THC. No one tests plants to see if they are indica, sativa, or ruderalis, they only test for cannabinoid content of the plants. That makes what the person did 100% wrong since they agreed to not grow any cannabis outdoors. What an idiot to even try with so many eyes already looking at them.