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A medical marijuana nuisance ordinance took effect Friday in Yuba County, but it may not be in force for long.
The president of the Yuba County Growers Association, and a San Diego attorney specializing in such cases, said they expect several legal filings in the next week, including an injunction against the ordinance that would prevent it from being enforced.
"There's going to be a slew of legal action," said Growers Association president Sam McConnell, though he said he didn't know the exact timing of the filings.
In addition to filings by the Growers Association, he said, he was aware of other growers who planned to file suits on their own in consultation with other attorneys.
Jeffrey Lake, an attorney who urged Yuba County supervisors not to adopt the ordinance in its current form at a meeting last month, said a complaint for injunctive relief would be filed the week of June 8, unless the board implements reasonable amendments before then.
When asked why growers were going to court, he said in an email: "Because the ordinance as written attempts to pre-empt (Proposition) 215 by prohibiting safe access to many qualified patients."
The ordnance county supervisors adopted May 1 restricts outdoor growing to parcels with homes on them, and with a defined setback to keep plants from public view.
Additionally, the number of plants a marijuana patient can grow is limited by the size of the parcel, with six plants the maximum allowed on parcels of less than an acre. Growing on those parcels would be limited to a 10-by-10-foot growing area.
Lake said he's confident the ordinance won't hold up in court, because a judge in neighboring Nevada County found fault with a similar ordinance on such issues as square footage limitations and taking of vested rights.
"Adopting a reasonable ordinance is the best solution," Lake said in the email. "Alternatively, the courts will decide what is permitted and where."
County supervisors passed the ordinance in response to more than 200 complaints to law enforcement from county residents last year, many of them over the strong smell of marijuana growing outside.
Though an ad hoc committee of two supervisors met with growers to try to write an ordinance everyone could live with, the discussions apparently achieved little, though the committee remains in effect.
Supervisors have agreed to continue studying the issue and to review the ordinance in six months for possible revisions.
County spokesman Russ Brown said Friday the county does not comment on litigation.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: appeal-democrat.com
Author: Ben Meer
Contact: How can we help you? : Appeal-Democrat
Website: Medical marijuana lawsuits expected in Yuba County | county, ordinance, growers - Appeal-Democrat
The president of the Yuba County Growers Association, and a San Diego attorney specializing in such cases, said they expect several legal filings in the next week, including an injunction against the ordinance that would prevent it from being enforced.
"There's going to be a slew of legal action," said Growers Association president Sam McConnell, though he said he didn't know the exact timing of the filings.
In addition to filings by the Growers Association, he said, he was aware of other growers who planned to file suits on their own in consultation with other attorneys.
Jeffrey Lake, an attorney who urged Yuba County supervisors not to adopt the ordinance in its current form at a meeting last month, said a complaint for injunctive relief would be filed the week of June 8, unless the board implements reasonable amendments before then.
When asked why growers were going to court, he said in an email: "Because the ordinance as written attempts to pre-empt (Proposition) 215 by prohibiting safe access to many qualified patients."
The ordnance county supervisors adopted May 1 restricts outdoor growing to parcels with homes on them, and with a defined setback to keep plants from public view.
Additionally, the number of plants a marijuana patient can grow is limited by the size of the parcel, with six plants the maximum allowed on parcels of less than an acre. Growing on those parcels would be limited to a 10-by-10-foot growing area.
Lake said he's confident the ordinance won't hold up in court, because a judge in neighboring Nevada County found fault with a similar ordinance on such issues as square footage limitations and taking of vested rights.
"Adopting a reasonable ordinance is the best solution," Lake said in the email. "Alternatively, the courts will decide what is permitted and where."
County supervisors passed the ordinance in response to more than 200 complaints to law enforcement from county residents last year, many of them over the strong smell of marijuana growing outside.
Though an ad hoc committee of two supervisors met with growers to try to write an ordinance everyone could live with, the discussions apparently achieved little, though the committee remains in effect.
Supervisors have agreed to continue studying the issue and to review the ordinance in six months for possible revisions.
County spokesman Russ Brown said Friday the county does not comment on litigation.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: appeal-democrat.com
Author: Ben Meer
Contact: How can we help you? : Appeal-Democrat
Website: Medical marijuana lawsuits expected in Yuba County | county, ordinance, growers - Appeal-Democrat
