Addressing a packed suite at the Comfort Inn Thursday, Attorney Edie Lerman told roughly 150 medical marijuana advocates to expect a long battle as they prepare for a class action lawsuit against Tehama County.
Visitors, who were all supposed to be cannabis patients or growers, were invited to sign onto a pending lawsuit from Lerman, one which targets Tehama County's medical marijuana policy.
The policy takes effect May 6, requires marijuana gardens to be surrounded by six-foot fences, and would limit medical marijuana growth depending on property size. It would prohibit growth within 1,000 feet of schools, churches or bus stops.
Lerman said she expects the suit to be appealed to at least California's appellate court, regardless of who wins.
She also warned signing onto the lawsuit could increase patients' visibility to law enforcement.
I can't stand here in good faith and tell you it doesn't involve some risk, she said.
The door was closed and the media barred from the room for the remainder of the meeting, with organizers citing attorney client privilege.
Lerman declined comment following the meeting.
An exact count of plaintiffs- to-be was not available Thursday morning, but hotel staff estimated about 150 people were in attendance. The suite was so crowded that an adjoining room had to be opened up to accommodate visitors.
Home of county's most well-known medical marijuana advocates were in attendance, including Tehama Herbal Collective owners Ken and Kathy Prather, Jason Browne, Donna Will and Mike Jenkins, the last of whom opened a collective next to the sheriff's department before it was ordered shut by a court injunction.
The policy advocates are fighting contains what could be a loophole for growers.
As a complaint-driven ordinance, the policy is only supposed to be enforced when someone finds and complains about a garden. Even then, enforcement will be at the discretion of the sheriff's department.
Sheriff Clay Parker said Thursday he will personally be responding to and handling these complaints.
No one else in the county will be enforcing the ordinance, Parker said. It's only me, and I want to make sure the ordinance is enforced fairly.
But the uncertainty of the loophole is still enough to push Dale Langstaff out of the county, an eightyear grower who said he needs at least six plants per family member for whom he grows.
In those eight years, Langstaff has had no trouble with either law enforcement or his neighbors, he said.
Without a guarantee he will be allowed to grow or keep his plants, Langstaff said he will likely move out of the area.
Several accused county officials of conducting a larger campaign to subvert Prop. 215, claiming the county has a history of arresting and later acquitting patients, but destroying their cannabis in the process.
D.B. Cooper summed up the fears.
It's just another backroom, back-handed attempt to circumvent the law, he said.
The suit is expected to be filed within 30 days.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Red Bluff Daily News
Author: GEOFF JOHNSON
Copyright: 2010 Red Bluff Daily News
Visitors, who were all supposed to be cannabis patients or growers, were invited to sign onto a pending lawsuit from Lerman, one which targets Tehama County's medical marijuana policy.
The policy takes effect May 6, requires marijuana gardens to be surrounded by six-foot fences, and would limit medical marijuana growth depending on property size. It would prohibit growth within 1,000 feet of schools, churches or bus stops.
Lerman said she expects the suit to be appealed to at least California's appellate court, regardless of who wins.
She also warned signing onto the lawsuit could increase patients' visibility to law enforcement.
I can't stand here in good faith and tell you it doesn't involve some risk, she said.
The door was closed and the media barred from the room for the remainder of the meeting, with organizers citing attorney client privilege.
Lerman declined comment following the meeting.
An exact count of plaintiffs- to-be was not available Thursday morning, but hotel staff estimated about 150 people were in attendance. The suite was so crowded that an adjoining room had to be opened up to accommodate visitors.
Home of county's most well-known medical marijuana advocates were in attendance, including Tehama Herbal Collective owners Ken and Kathy Prather, Jason Browne, Donna Will and Mike Jenkins, the last of whom opened a collective next to the sheriff's department before it was ordered shut by a court injunction.
The policy advocates are fighting contains what could be a loophole for growers.
As a complaint-driven ordinance, the policy is only supposed to be enforced when someone finds and complains about a garden. Even then, enforcement will be at the discretion of the sheriff's department.
Sheriff Clay Parker said Thursday he will personally be responding to and handling these complaints.
No one else in the county will be enforcing the ordinance, Parker said. It's only me, and I want to make sure the ordinance is enforced fairly.
But the uncertainty of the loophole is still enough to push Dale Langstaff out of the county, an eightyear grower who said he needs at least six plants per family member for whom he grows.
In those eight years, Langstaff has had no trouble with either law enforcement or his neighbors, he said.
Without a guarantee he will be allowed to grow or keep his plants, Langstaff said he will likely move out of the area.
Several accused county officials of conducting a larger campaign to subvert Prop. 215, claiming the county has a history of arresting and later acquitting patients, but destroying their cannabis in the process.
D.B. Cooper summed up the fears.
It's just another backroom, back-handed attempt to circumvent the law, he said.
The suit is expected to be filed within 30 days.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Red Bluff Daily News
Author: GEOFF JOHNSON
Copyright: 2010 Red Bluff Daily News
