California Appeals Court: Cities Can Ban All Medical Marijuana Homegrowing

[mojave green]

WTF?
http://www.eastbayexpress.com/LegalizationNation/archives/2013/12/03/californai-appeals-court-cities-can-ban-all-medical-marijuana-homegrowing

Activists are worried about a new California Appellate Court ruling over the Thanksgiving break that appears to give cities and counties the okay to ban all medical marijuana cultivation - even a single plant, in a closet, for personal, medical use.
The case revolves around the City of Live Oak, which passed an ordinance in 2011 banning medical marijuana cultivation. Patients there sued and a local judge sided with the city. Patients then appealed and the 3rd District Court of Appeals in Sacramento upheld the ban last week, according to reports, and said state law and previous court decisions "do not pre-empt a city's police power to prohibit the cultivation of all marijuana within that city."
There is no "unfettered right to cultivate marijuana for medical purposes," the appeals court said.
The appeals court held that banning medical marijuana growing in a city or county does not conflict with Proposition 215, the Compassionate Use Act approved by voters in 1996, or the 2003 Medical Marijuana Program approved by the Legislature.
Dale Gieringer with CA NORML writes: "This decision makes it imperative that California adopt legislation specifically recognizing the right of all patients in need to access medical marijuana."
Activists say the appellate court left open at least two legal challenges to the Live Oak ordinance.
A number of jurisdictions including Fresno are considering banning all medical marijuana cultivation.




surely the state supreme court won't let this stand! assuming it gets there...zone enforcement, the new nazi's coming to a town near you!

 

[supermanlives]

makes me glad i didn't register . somehow that list of cardholders will make it into leo hands. then yall can be rounded up easily. stay safe all. legal or not i will always grow. nobody has the right to tell me what plants i can grow. fuck em

 

[Arthritis_sucks]

Dale Gieringer with CA NORML writes: "This decision makes it imperative that California adopt legislation specifically recognizing the right of all patients in need to access medical marijuana."

Couldn't have said it better myself. From the words of a legend, "Get up, Stand up, Stand up for your rights!"

 

[mojave green]

excerpt from the decision which i believe is the best avenue of action for patients:

In several undeveloped arguments, plaintiffs assert various contentions without analysis or citation to authority. First, they claim “[m]edical marijuana patients, by nature of the fact they are medical patients, have a limitation on a major life activity and are disabled by California’s liberal standard. [¶] Consequently, the Plaintiff’s Second Amended Complaint does state a
full claim for an Equal Protection Violation.”

http://www.courts.ca.gov/opinions/documents/C071822.PDF

 

[justpassnthru]

excerpt from the decision which i believe is the best avenue of action for patients:

http://www.courts.ca.gov/opinions/documents/C071822.PDF

That hearing was scheduled for the 20th, in Orange County. I'll do a little investigating and report back.

There is a huge movement in the IE fighting this.

The biggest problem with 'schedules' with the courts are, it changes. Even dates for legislative decisions, often change--daily. We have a lawyer in the group, that ought to KNOW.
jpt

 

[justpassnthru]

This law stands and no 'official' appeal has been filed against it; Yet! And the next step is already being drafted in Santa Cruz..cities limiting grow room size, etc...

Many are busy phoning their representatives and meeting with them, asking for their freedom of medical choices and access be honored.

It is an endless battle and please help support a legitimate mmj activist group, in YOUR area or neighboring cities and counties.

In the meantime, keep your growing stealth, as always. jpt

http://www.youtube.com/watch?v=1ntcMjYL7hc

 

[supermanlives]

ooh ya an fresno is a shithole anyhow

 

[Coconutz]

ooh ya an fresno is a shithole anyhow

Got any change bro?

 

[supermanlives]

the other half say gimme your change mutherfucker lol

 

[justpassnthru]

The above appeal has not been appealed yet.

On Dec. 20th, 2013: A group of disabled/Handicapped patients are challenging the 'Safe Access' law's and will be heard in the Orange County Court of appeals.(too many appeals going on, right now and a good thing). This may be a more productive appeal for growers.

I'll post the details of the address, etc. when I get it; in case anyone wants to attend. jpt

 

[00420]

I sent off this to my board of supervisors who will be voting in the morning.

C12********** Sheriff:* Approve a budget amendment increasing appropriations by $159,260 and revenues by $67,476 in the Sheriff’s Marijuana Investigation Team (MIT) budget and decreasing appropriations by $91,784 in the Sheriff’s California Multi-jurisdictional Methamphetamine Enforcement Taskforce (Cal-MMET) budget to recognize more federal marijuana eradication revenue and transfer the salary and benefits of one sergeant to MIT (4/5 vote required; no additional General Fund impact).

Why? Would anyone in there right mind vote for less meth funds it is running ramped in are streets more small time thieves then any issue with marijuana other then the smell. there's a tentative plan to help that with out using any money, or is there? The plan is to put restrictions on growers. But how? After reading this plan nothing is accomplished I don't even have to filter the smell I could simply deploy a plot of rebar,PVC pipe & some shade cloth as a roof\walls as defined by the word building the act to constitution something that include walls & a roof, grow on! The second this is passed for under $25 my neighbors would still hate me. The Anderson city code makes this attempted county tentative plan look like garbage even know it has flaws to. Like slapping the face to the supreme court's decision on the senate's bill 420 which was a 9-0 vote to limiting plant counts in people v. Kelly 2010 opting for allowing medical users access to what they need.

Please do the right thing vote no on both these issues. Its best for the medical user & the non grow alike make the planning commission put thought into what they pass on to you other then pour rubbish!

This plan includes thoughts that the grow light use is dangerous, I disagree its the uneducated user just like the lack of research that went into this plan. These same lights are hang above street side walks in warehouses where people work, schools where kids go to learn, above fish tanks like the one in MD imagine & my living room my kids love nemo we call him hagerd do I have to remove this dangerous reef tank from my home? i had it 10 years same ballast & bulb i use to grow medical cannabis in my locked trailer away from my young ones outside because I'm responsible. We should look into these responsibilities did you read gene Parham reason why he felt changes to the ordinance needed to be made?
" it makes criminals out of people who have a legal right to grow because they can't afford the new concept of a building that's secured," supervisor I ask you where in this plan is security? pouring money into medical marijuana & letting the meth run free. If there's so many dollar bills in growing medically for my own use why do my kids have next to nothing under there Christmas tree? I choose to not work stay home take care of them and to not sale my meds, My city Anderson, ca says I need a alarm for security Shasta county says nothing but more meth is it because the lose of revenues in medical fields? maybe we should turn these dangers of the HID lights off at mercy medical center after all it is the same ballast & bulbs they would save millions.

Sincerely a non smoking medical marijuana user with copd that can't stand the smell of the neighborhood growers And is willing to dedicated time to help both the grower & non grower alike by proposing a new plan that benefits everyone

 

[Grojak]

Wait... California asked people to register and they did? WTF, why not just put a sign in the front of your house saying "Legal Med Grower Lives Here". the LCB in WA is trying to put that as part of the new medical plan "they wouldn't interfere with" when dumbasses voted to legalize it here. They also are trying to make a limit of 3 flowering and 3 veg plants per patient. I hope you all (Cali patients) don't just sit at home blogging about this shit and get out and show strength in numbers!!!

 

[RoadRash]

Wait... California asked people to register and they did? WTF, why not just put a sign in the front of your house saying "Legal Med Grower Lives Here".

PLEASE ... more detail on this would be great.

I had Cal. med. Mar. prescriptions 2005 to 2010.

Acknowledging the hard work of OMMP people, I also witness a lot of cops in Oregon who really enjoy trampling on Citizen Rights.

I like the way California used to do it - you go to a doctor, they give you a prescription. You go to a dispensary, they call the doctor, they give you a card, you can now buy SSH or whatever is good medicine for you.

But - trust the State ? Do they want to know if I have a Herpes outbreak and also, it's exact location ? /sarc

 

[VirginHarvester]

I hope you all (Cali patients) don't just sit at home blogging about this shit and get out and show strength in numbers!!!

I think Cali users take access for granted. So far they/we haven't shown up in force and have seemed unorganized.

Hard to believe cities think they can prevent people from growing.

 

[supermanlives]

registering with state is optional still. you don't have to get a card from state. I don't go to protests as I stand out in a crowd and you can bet any feds there would be all up in my shit. so I stay home and talk about it. but I am still free an growing,well not currently 5 plants don't count as growin to me

 

[BakedBandit]

Wow, you sent that out? I wouldn't take that seriously with the typos and poor writing skills. I like what you wrote, but if you want to be taken seriously you gotta Proof read man

 

[00420]

Wow, you sent that out? I wouldn't take that seriously with the typos and poor writing skills. I like what you wrote, but if you want to be taken seriously you gotta Proof read man

part of the plan, believe me it was taken seriously. 4 of 5 responses of the supervisors along with fwding to the sheriff. I am sick of doing nothing.

 

[Grojak]

We got a strong movement up north, we had about 400 people show up to a LCB meeting on medical... bunch of angry patients we were!!!

 

[wantaknow]

just remind them they are elected and if they like working ,leave it alone

 

[00420]

They passed c12 get ready shasta county here they come. ordinance has not been voted on yet. By the way my 12 year old composed what went out I asked the recipient's to fix error's grade & send back to me I only helped with wording. Showing them medical users still have the ability to function as parents