Pubdate: Thu, 23 Sep 2010
Source: Porterville Recorder (CA)
Copyright: 2010 Freedom Communications Inc.
Contact: http://www.recorderonline.com/sections/editor-form/
Website: http://www.recorderonline.com
Details: http://www.mapinc.org/media/2887
Author: Jenna Chandler

POT GARDEN WHERE TEEN WAS SHOT VIOLATED COUNTY ORDINANCE

The marijuana garden where a Lindsay teen was shot, and later died,
violated county laws.

According to Tulare County Sheriff's Department officials, the
marijuana was being grown for medicinal use, but was outdoors. On
Sept. 14 - the same day the 17-year-old was fatally wounded while
allegedly stealing from the site - growers Jacinto Gomez and Justin
Jolly were handed a notice telling them they had 10 days to come into
compliance.

"It was surrounded by a fence only," Lt. Marsh Carter
said.

Some concerned community members say the deadly incident highlights
the importance of enforcing county ordinances - which affect only
unincorporated communities. Chapter 11 in the Tulare County Ordinance
Code, adopted by the Board of Supervisors in November, lays out
regulations applicable to medical marijuana (the City Council
considered similar regulations Tuesday but opted to see whether
Proposition 19, the marijuana legalization initiative, passes this
November):

"The cultivation, growing or distribution of medical marijuana within
the County shall at all times occur within a secure, locked, and fully
enclosed structure, including a ceiling, roof or top."

It also requires windows and roof hatches to be secured with bars,
that the marijuana not be visible from outside the building and the
building be secured from public access, including being surrounded by
least four walls and a roof.

Carter said when adopting the ordinance, county supervisors equally
weighed the rights of those who feel medical marijuana is a benefit to
their ailments, and those who fear for their safety.

"The county ordinance assures safety for the residents that need to
grow marijuana by requiring them to cultivate inside an improved
structure with proper safety fortification. This allows for a safer
neighborhood where violent thefts are less likely," he said.

On Tuesday, the juvenile shot Sept. 14 at the marijuana garden near
Road 144 and Avenue 216 was declared deceased by Fresno hospital
staff, although he remained, at that time, on life support for the
possibility of receiving an organ donation, Sgt. Chris Douglass said.
The sheriff's department alleges that the teen was with three other
Porterville area residents who were stealing the marijuana while
carrying handguns. A neighbor attempting to protect the growers shot
the juvenile once, when the armed juvenile grabbed him.

"We urge anyone who sees marijuana growing outdoors to contact law
enforcement," Douglass said.

In response to recent statements coming from Porterville City Hall,
where the city manager and the police department have said the
District Attorney is not prosecuting those violating state guidelines
for medical marijuana, spokeswoman and Assistant District Attorney
Shani Jenkins said such cases are constantly reviewed, and charges are
indeed being pressed.

Each case forwarded to the DA's office by local law enforcement
agencies is reviewed on a case by case basis to determine if there is
enough evidence to bring to court, she said.

"We don't have any sort of blanket opposition to a criminal offense,"
she said. "Each case has individual facts. Obviously if someone has a
medical marijuana card, and is growing the marijuana within the limits
of the card, then they're lawfully growing marijuana."
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