Jacob Bell
New Member
BAKERSFIELD, Calif. – Opponents fighting Kern County's new medical marijuana rules are trying to convince a judge to stop enforcement of the limit on how many plants can be grown. They've filed a lawsuit against the ordinance passed by county supervisors in August that allows no more than 12 plants on any parcel of property.
The county cracked down on medical marijuana in two ways. They banned store-front dispensaries, however that part of the rule is not in effect yet and is being fought by opponents through a referendum effort.
The other new rule immediately put the 12-plant limit in place under an "urgency ordinance." That's what the opponents argued against at the hearing Friday morning.
"This is such an obscene invasion of personal property rights," opponent attorney Phil Ganong told the court. He argued the county rule also over-steps state law. Voters passed the "Compassionate Use Act" in 1996 which allows medicinal use of marijuana.
Local law officers say they are worried about the increasing number of medical marijuana gardens closer to neighborhoods and schools, instead of grows in remote areas which they've seen in past years. Officers say the marijuana gardens are a magnet for crime and violence.
When County Supervisors considered the new rules, Sheriff Donny Youngblood showed them pictures of a large marijuana garden that was booby-trapped.
Ganong is outraged by Youngblood's position on the marijuana grows. "Right now he's on a terror campaign," Ganong said. "Just like 9/11, he's terrorizing patients, and collectives and cooperatives, and he's trying to make them destroy their own crops."
County attorneys said the ordinance does meet state law. "They have allowed local agencies to regulate cultivation, as well as imposing criminal penalties for conducting a public nuisance," said chief deputy county counsel Mark Nations.
Under the state law, patients get a doctor's recommendation for medicinal use of marijuana, which also lists how many plants a patient needs. Ganong told the court the county rule goes against all that.
"People who are qualified patients, and they are growing cannabis in compliance with state law should not be branded as criminals under county ordinance," he said.
Judge David Lampe has 90 days to issue a ruling on the request for an injunction to prevent enforcement of the ordinance. Either side can appeal. Then there can be a trial on the ordinance itself.
Meanwhile, opponents are fighting the other part of the ordinance which would shut down store-front collectives.
They're trying to force a referendum by getting enough qualified signatures. They need 17,350 valid signatures, and last week turned in 26,335. The county election department is now in the process of verifying the signatures.
If enough are verified, county supervisors will be forced to suspend the ordinance. They can then put the ordinance for local voters to decide on.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: bakersfieldnow.com
Author: Carol Ferguson
Contact: Contact Us
Copyright: Fisher Communications, Inc.
Website: Battle over county medical marijuana rule in court
The county cracked down on medical marijuana in two ways. They banned store-front dispensaries, however that part of the rule is not in effect yet and is being fought by opponents through a referendum effort.
The other new rule immediately put the 12-plant limit in place under an "urgency ordinance." That's what the opponents argued against at the hearing Friday morning.
"This is such an obscene invasion of personal property rights," opponent attorney Phil Ganong told the court. He argued the county rule also over-steps state law. Voters passed the "Compassionate Use Act" in 1996 which allows medicinal use of marijuana.
Local law officers say they are worried about the increasing number of medical marijuana gardens closer to neighborhoods and schools, instead of grows in remote areas which they've seen in past years. Officers say the marijuana gardens are a magnet for crime and violence.
When County Supervisors considered the new rules, Sheriff Donny Youngblood showed them pictures of a large marijuana garden that was booby-trapped.
Ganong is outraged by Youngblood's position on the marijuana grows. "Right now he's on a terror campaign," Ganong said. "Just like 9/11, he's terrorizing patients, and collectives and cooperatives, and he's trying to make them destroy their own crops."
County attorneys said the ordinance does meet state law. "They have allowed local agencies to regulate cultivation, as well as imposing criminal penalties for conducting a public nuisance," said chief deputy county counsel Mark Nations.
Under the state law, patients get a doctor's recommendation for medicinal use of marijuana, which also lists how many plants a patient needs. Ganong told the court the county rule goes against all that.
"People who are qualified patients, and they are growing cannabis in compliance with state law should not be branded as criminals under county ordinance," he said.
Judge David Lampe has 90 days to issue a ruling on the request for an injunction to prevent enforcement of the ordinance. Either side can appeal. Then there can be a trial on the ordinance itself.
Meanwhile, opponents are fighting the other part of the ordinance which would shut down store-front collectives.
They're trying to force a referendum by getting enough qualified signatures. They need 17,350 valid signatures, and last week turned in 26,335. The county election department is now in the process of verifying the signatures.
If enough are verified, county supervisors will be forced to suspend the ordinance. They can then put the ordinance for local voters to decide on.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: bakersfieldnow.com
Author: Carol Ferguson
Contact: Contact Us
Copyright: Fisher Communications, Inc.
Website: Battle over county medical marijuana rule in court
