Pubdate: Thu, 3 Jul 2008
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2008 The Press Democrat
Contact: http://www.pressdemocrat.com/services/feedback.html
Website: http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Mike Geniella, The Press Democrat
Bookmark: http://www.mapinc.org/topic/Mendocino+County
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MENDOCINO COUNTY WON'T ENFORCE POT MEASURE

Sheriff, D.A. Cite Legal Challenges in Sticking to 25 Marijuana Plant Limit

Mendocino County's top law enforcement officials announced Wednesday 
they won't be enforcing a voter-approved crackdown on medical 
marijuana cultivation.

Citing pending legal challenges to local and state-approved limits, 
the Sheriff's Office and district attorney said they will temporarily 
not enforce the plant limits set forth in Measure B.

Instead county law enforcement will continue to allow possession and 
cultivation of 25 plants. However, in a change of policy, the county 
limit will apply to the number of plants on a parcel, and not simply 
the number grown for an individual's use.

The twist is provided in a marijuana ordinance approved by the Board 
of Supervisors. It also bans growing of marijuana for any reason 
within 1,000 feet of a school, school bus stop, church, 
youth-oriented facility or a park.

In effect, county officials said they believe the property standard 
is independent of the legal issues surrounding individual plant limits.

Medical marijuana advocates are challenging any individual limits on 
possession, citing Prop. 215, a 1996 statewide initiative that 
decriminalized marijuana use for medicinal purposes. They contend the 
initiative didn't specify numbers, stating only that medical 
marijuana use should be "reasonable" depending on a patient's need.

The decision not to enforce Measure B guidelines stems from a local 
Superior Court case, which challenges the new limits. It cites a May 
state appellate court ruling that found state guidelines, which 
Measure B adopted, were unconstitutional.

Whether state officials plan to challenge the appellate court ruling 
to the state Supreme Court remains undecided.

While state and local officials struggle with implementing medical 
marijuana guidelines, federal authorities refuse to recognize their 
authority. Under federal law, marijuana cultivation and possession 
for any reason is illegal. 
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MAP posted-by: Richard Lake