California: Marijuana Advocates To Challenge Cultivation Ban

Jacob Redmond

Well-Known Member
Marijuana advocates will be filing a legal challenge to Clearlake's total ban on cannabis cultivation.

Attorney Joe Elford said he would file the lawsuit Thursday afternoon.

"The Clearlake ordinance is not only extremely cruel, but it is also illegal under California law," which legalized cannabis for medical use, he said.

The lawsuit, backed by Cal NORML - National Organization for the Reform of Marijuana Laws - is being filed on behalf of all the city's medical marijuana patients, Elford said. The plaintiffs include a former city councilwoman, Jeri Spittler, and her husband, Elford said. Spittler suffers from painful fibromyalgia and cannot take the usual prescription medication, he said.

The current Clearlake City Council adopted the pot-banning ordinance - the strictest marijuana regulation in the county - in February. It's expected to go into effect at the end of March unless Elford is successful in obtaining an injunction to suspend implementation.

Three other California counties and cities are known to have ordinances completely banning cannabis cultivation, the city of Live Oak in Sutter County and the city and county of Fresno. Other counties and cities have taken steps to control marijuana growing, including requiring it be grown only inside secured structures with ventilation systems.

The Clearlake council majority said they were forced by scofflaws to adopt their ordinance. The city had allowed up to six plants in residential neighborhoods but people were growing many more, up to 100, officials said.

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