Ron Strider
Well-Known Member
Earlier this year, the Fontana City Council set out to become the most restrictive city with regard to personal cultivation of marijuana.
Under Proposition 64, adults aged 21 or older are free to grow up to six marijuana plants in their own home for personal use. Through the initiative, local governments are allowed to reasonably regulate such personal cultivation or take a hands-off approach and simply allow adults to grow marijuana for personal use, but they may not prohibit it.
While many local governments have recognized there is simply no value in meddling over the particulars of someone growing marijuana in their home, politicians in Fontana just couldn't help but turn their personal opposition to marijuana into law, approving an onerous permitting system that contradicts Prop. 64.
Under city Ordinance 1758, adults who want to grow marijuana for their own use must subject themselves to an expensive and intrusive permitting system designed to be as difficult as possible for people wishing to abide by the law. For starters, individuals would have to pay more than $400 just to apply for a permit, pay to subject themselves to a criminal background check, put themselves on record as violating federal marijuana laws and agree to having their homes inspected by the city.
On Jan. 24, when this framework was presented to the city, the big debate amongst the council was over whether it was restrictive enough. "It is our intent behind this that this ordinance is not a permissive regulation, it is a restrictive regulation," noted City Manager Ken Hunt. "We're going to be at the forefront of regulating what people can or cannot do," gloated Councilman Jesse Armendarez, cheerleading City Hall intrusions into the personal lives of city residents.
Councilman Michael Tahan, meanwhile, wasn't satisfied with how intrusive the ordinance was, citing how intrusive the city is with businesses. "We have businesses that are going out of business because we are inspecting them day-in, day-out and then making their life miserable," he said. "And we're afraid as a city to take a chance to say, 'We're going to inspect you every month, every quarter.' I can't understand this."
Clearly not.
Fortunately, the city now finds itself sued. This isn't particularly surprising, as Mayor Acquanetta Warren commented during the Jan. 24 meeting, "We still risk being challenged on the procedures that we've come up with." She was correct.
This past week, attorneys with the Drug Policy Alliance and American Civil Liberties Union filed a lawsuit on behalf of Fontana resident Mike Harris, a 61-year old retiree who would like to cultivate marijuana for his own personal use, but has not done so due to the restrictions of the city permit process.
Arguing the ordinance "contains a number of restrictions and fees transparently designed to deny residents the benefits and rights conferred" by Prop. 64, the lawsuit seeks to prohibit enforcement of the ordinance.
What is at issue is the freedom of individuals to engage in the victimless activity of growing marijuana for their own use. As most Californians recognize, marijuana use and personal cultivation is a non-issue so long as no one else is harmed.
Maybe the Fontana City Council can do the right thing, acknowledge that it has wasted everyone's time, get out of the way and let adults do what they're allowed to do under state law. That might not be likely, but it's what they should do.
At the very least, the lawsuit should cause other localities to think twice about onerous meddling in personal cultivation.
In time, the antiquated, absurd War on Drugs and associated moralism will go down as the shameful, wasteful exercise in social control that it is. Alas, there is still work to do.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Why challenge of Fontana's marijuana cultivation regulation is appropriate — Press Enterprise
Author: Sal Rodriguez
Contact: How to contact the Press-Enterprise
Photo Credit: Nick Agro
Website: The Press-Enterprise: Local News, Sports and Things to Do
Under Proposition 64, adults aged 21 or older are free to grow up to six marijuana plants in their own home for personal use. Through the initiative, local governments are allowed to reasonably regulate such personal cultivation or take a hands-off approach and simply allow adults to grow marijuana for personal use, but they may not prohibit it.
While many local governments have recognized there is simply no value in meddling over the particulars of someone growing marijuana in their home, politicians in Fontana just couldn't help but turn their personal opposition to marijuana into law, approving an onerous permitting system that contradicts Prop. 64.
Under city Ordinance 1758, adults who want to grow marijuana for their own use must subject themselves to an expensive and intrusive permitting system designed to be as difficult as possible for people wishing to abide by the law. For starters, individuals would have to pay more than $400 just to apply for a permit, pay to subject themselves to a criminal background check, put themselves on record as violating federal marijuana laws and agree to having their homes inspected by the city.
On Jan. 24, when this framework was presented to the city, the big debate amongst the council was over whether it was restrictive enough. "It is our intent behind this that this ordinance is not a permissive regulation, it is a restrictive regulation," noted City Manager Ken Hunt. "We're going to be at the forefront of regulating what people can or cannot do," gloated Councilman Jesse Armendarez, cheerleading City Hall intrusions into the personal lives of city residents.
Councilman Michael Tahan, meanwhile, wasn't satisfied with how intrusive the ordinance was, citing how intrusive the city is with businesses. "We have businesses that are going out of business because we are inspecting them day-in, day-out and then making their life miserable," he said. "And we're afraid as a city to take a chance to say, 'We're going to inspect you every month, every quarter.' I can't understand this."
Clearly not.
Fortunately, the city now finds itself sued. This isn't particularly surprising, as Mayor Acquanetta Warren commented during the Jan. 24 meeting, "We still risk being challenged on the procedures that we've come up with." She was correct.
This past week, attorneys with the Drug Policy Alliance and American Civil Liberties Union filed a lawsuit on behalf of Fontana resident Mike Harris, a 61-year old retiree who would like to cultivate marijuana for his own personal use, but has not done so due to the restrictions of the city permit process.
Arguing the ordinance "contains a number of restrictions and fees transparently designed to deny residents the benefits and rights conferred" by Prop. 64, the lawsuit seeks to prohibit enforcement of the ordinance.
What is at issue is the freedom of individuals to engage in the victimless activity of growing marijuana for their own use. As most Californians recognize, marijuana use and personal cultivation is a non-issue so long as no one else is harmed.
Maybe the Fontana City Council can do the right thing, acknowledge that it has wasted everyone's time, get out of the way and let adults do what they're allowed to do under state law. That might not be likely, but it's what they should do.
At the very least, the lawsuit should cause other localities to think twice about onerous meddling in personal cultivation.
In time, the antiquated, absurd War on Drugs and associated moralism will go down as the shameful, wasteful exercise in social control that it is. Alas, there is still work to do.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Why challenge of Fontana's marijuana cultivation regulation is appropriate — Press Enterprise
Author: Sal Rodriguez
Contact: How to contact the Press-Enterprise
Photo Credit: Nick Agro
Website: The Press-Enterprise: Local News, Sports and Things to Do
