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Marijuana ordinance fight discussed
The Veterans Memorial Hall in Weaverville was packed Friday night as attorneys from the Bay Area talked about what it would take to fight an anticipated county ordinance curtailing medical marijuana growing.
Aboout 100 people attended the gathering organized by the Compassionate Use Alliance, and the speakers took note.
“This will send a message to your Board of Supervisors that people are interested and paying attention to this issue,” attorney James Silva said.
In February the supervisors followed a Planning Commission recommendation, passing an urgency ordinance that placed a 45-day moratorium on aggregate medical marijuana grows in general plan residential and rural residential areas. Also under the urgency ordinance, personal use gardens are limited in size, and aggregate grows are only allowed on parcels 30 acres or larger. The supervisors meet again March 17 to consider a 10 ½-month extension of the moratorium. Ultimately, a permanent ordinance is planned.
Attorney Matthew Kumin, who has filed lawsuits against medical marijuana ordinances in counties around California, told the crowd this effort will take time and money. The first step would be to file for a preliminary injunction to stop enforcement of the urgency ordinance, he said.
“Why should medical marijuana patients be treated so differently and so disrespectfully. … from other patients?” he said.
Patients have rights to privacy, and there could be an economic impact under the California Environmental Quality Act, he said.
Silva said the board has the authority to pass urgency ordinances, but “they’ve no authority to violate the Constitution and they’ve no authority to violate your constitutional rights.”
The attorneys said they are reluctant to tip their hand about these deficiencies, but did mention that the description so far of aggregate grows is vague, creating a “fair notice problem,” and there are sections that might cause people to make statements that could tend to incriminate them.
The attorneys stressed that this will not be a slam dunk.
For example, Kumin said although a large turnout helped to win a case in Los Angeles, an appellate court threw out a Sonoma judge’s decision over a statute of limitations issue.
Silva noted that although he disagrees with them, laws against marijuana are still on the books, and Proposition 215 “stands in the shadow” of these laws.
“This is not a small endeavor,” Silva said. “This is going to require a unified front.” Kumin estimated it will cost from $17,000 to $30,000 to take the case to the preliminary injunction phase. Ultimately, a permanent injunction would be sought. Hands did go up when he asked who would be willing to donate $500 or $1,000.
A member of the audience asked if legal action is the most appropriate way to resolve this conflict, and Silva said it is not necessarily the only way. Public protest and demonstration can be effective, he said, although legal action will give the county an economic incentive to find informal resolution.
Ultimately, he said, “what you want is (supervisors) to create responsible regulations.”
At one point Silva asked the audience how much medical marijuana they believe is allowable, getting responses of “all you need” and “whatever your doctor says.”
Silva said the most recent case law indicates medical marijuana patients can have an amount of marijuana that is reasonable given their current medical needs. If a doctor says a patient can have 99 plants and the case goes to court, “the doctor in the context of a defense is going to look like a complete quack,” he said.
Asked if the code enforcement officer has the right to enter private property, Silva said, “Not without a warrant. Not without probable cause” but suggested that if a citation results from refusal to show information, the way to fight it is with the law. “They’ve got guns,” he said. “They’ve got cages. … Be nice.”
Kumin noted that getting a conditional use permit could waive rights against searches.
Asked if the state’s identification cards for medical marijuana recommendation holders are beneficial, Silva said they are of limited benefit, but the cards are immediately verifiable by law enforcement and he has one.
“If you’re driving down the street with 15 pounds in the truck forget the card’s going to help you,” Kumin said.
A question regarding if it is legal to mail medical marijuana to a patient, or use UPS or a private courier, was met with laughter.
“The short answer is no,” Silva said. “The long answer is no.”
Ed Guenette, executive director of the Compassionate Use Association of Trinity County, asked how the Planning Commission and Board of Supervisors can address the problem of “neighbors from hell,” without denying patients access to medication.
Silva noted that there are other avenues to address problems such as persons wrecking the water, for example.
A couple members of the audience said they are not opposed to regulations, although not the ones on the table now.
“I have a legal collective,” said Nathaniel Morris of Trinity Pines. “I would happily sign on as a plaintiff.”
But Morris said he does not believe growers should not have to follow any rules, and he has taken a stab at writing an ordinance. “What rules would be reasonable?” he said.
“Most of the bad behavior this ordinance is reacting to is already illegal,” he said and was met with applause.
A woman in the audience noted, “Most of us growers here are not like that.”
She encouraged the attendees to also go to planning and Board of Supervisors’ meetings which have tended to hear more from the other side.
“They do want to work with us,” she said. “They want to create an ordinance that’s good for all of us.”
County meetings scheduled
The Planning Commission will hold a workshop to address issues regarding marijuana cultivation following the commission’s regular meeting at 7 p.m. Thursday, March 10, at the Weaverville Library conference room.
The Board of Supervisors will consider a 10½- month extension of the urgency ordinance regarding medical marijuana aggregate grows and personal grows next week. The meeting is scheduled for 6 p.m. Thursday, March 17, at the Weaverville Library conference room.
The Veterans Memorial Hall in Weaverville was packed Friday night as attorneys from the Bay Area talked about what it would take to fight an anticipated county ordinance curtailing medical marijuana growing.
Aboout 100 people attended the gathering organized by the Compassionate Use Alliance, and the speakers took note.
“This will send a message to your Board of Supervisors that people are interested and paying attention to this issue,” attorney James Silva said.
In February the supervisors followed a Planning Commission recommendation, passing an urgency ordinance that placed a 45-day moratorium on aggregate medical marijuana grows in general plan residential and rural residential areas. Also under the urgency ordinance, personal use gardens are limited in size, and aggregate grows are only allowed on parcels 30 acres or larger. The supervisors meet again March 17 to consider a 10 ½-month extension of the moratorium. Ultimately, a permanent ordinance is planned.
Attorney Matthew Kumin, who has filed lawsuits against medical marijuana ordinances in counties around California, told the crowd this effort will take time and money. The first step would be to file for a preliminary injunction to stop enforcement of the urgency ordinance, he said.
“Why should medical marijuana patients be treated so differently and so disrespectfully. … from other patients?” he said.
Patients have rights to privacy, and there could be an economic impact under the California Environmental Quality Act, he said.
Silva said the board has the authority to pass urgency ordinances, but “they’ve no authority to violate the Constitution and they’ve no authority to violate your constitutional rights.”
The attorneys said they are reluctant to tip their hand about these deficiencies, but did mention that the description so far of aggregate grows is vague, creating a “fair notice problem,” and there are sections that might cause people to make statements that could tend to incriminate them.
The attorneys stressed that this will not be a slam dunk.
For example, Kumin said although a large turnout helped to win a case in Los Angeles, an appellate court threw out a Sonoma judge’s decision over a statute of limitations issue.
Silva noted that although he disagrees with them, laws against marijuana are still on the books, and Proposition 215 “stands in the shadow” of these laws.
“This is not a small endeavor,” Silva said. “This is going to require a unified front.” Kumin estimated it will cost from $17,000 to $30,000 to take the case to the preliminary injunction phase. Ultimately, a permanent injunction would be sought. Hands did go up when he asked who would be willing to donate $500 or $1,000.
A member of the audience asked if legal action is the most appropriate way to resolve this conflict, and Silva said it is not necessarily the only way. Public protest and demonstration can be effective, he said, although legal action will give the county an economic incentive to find informal resolution.
Ultimately, he said, “what you want is (supervisors) to create responsible regulations.”
At one point Silva asked the audience how much medical marijuana they believe is allowable, getting responses of “all you need” and “whatever your doctor says.”
Silva said the most recent case law indicates medical marijuana patients can have an amount of marijuana that is reasonable given their current medical needs. If a doctor says a patient can have 99 plants and the case goes to court, “the doctor in the context of a defense is going to look like a complete quack,” he said.
Asked if the code enforcement officer has the right to enter private property, Silva said, “Not without a warrant. Not without probable cause” but suggested that if a citation results from refusal to show information, the way to fight it is with the law. “They’ve got guns,” he said. “They’ve got cages. … Be nice.”
Kumin noted that getting a conditional use permit could waive rights against searches.
Asked if the state’s identification cards for medical marijuana recommendation holders are beneficial, Silva said they are of limited benefit, but the cards are immediately verifiable by law enforcement and he has one.
“If you’re driving down the street with 15 pounds in the truck forget the card’s going to help you,” Kumin said.
A question regarding if it is legal to mail medical marijuana to a patient, or use UPS or a private courier, was met with laughter.
“The short answer is no,” Silva said. “The long answer is no.”
Ed Guenette, executive director of the Compassionate Use Association of Trinity County, asked how the Planning Commission and Board of Supervisors can address the problem of “neighbors from hell,” without denying patients access to medication.
Silva noted that there are other avenues to address problems such as persons wrecking the water, for example.
A couple members of the audience said they are not opposed to regulations, although not the ones on the table now.
“I have a legal collective,” said Nathaniel Morris of Trinity Pines. “I would happily sign on as a plaintiff.”
But Morris said he does not believe growers should not have to follow any rules, and he has taken a stab at writing an ordinance. “What rules would be reasonable?” he said.
“Most of the bad behavior this ordinance is reacting to is already illegal,” he said and was met with applause.
A woman in the audience noted, “Most of us growers here are not like that.”
She encouraged the attendees to also go to planning and Board of Supervisors’ meetings which have tended to hear more from the other side.
“They do want to work with us,” she said. “They want to create an ordinance that’s good for all of us.”
County meetings scheduled
The Planning Commission will hold a workshop to address issues regarding marijuana cultivation following the commission’s regular meeting at 7 p.m. Thursday, March 10, at the Weaverville Library conference room.
The Board of Supervisors will consider a 10½- month extension of the urgency ordinance regarding medical marijuana aggregate grows and personal grows next week. The meeting is scheduled for 6 p.m. Thursday, March 17, at the Weaverville Library conference room.
