Pubdate: Thu, 14 Jun 2012
Source: San Bernardino Sun (CA)
Copyright: 2012 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417
Author: Wes Woods II

MARIJUANA LAW FACES LAWSUIT

Lawyer Claims Ordinance Denies Access to Pot

A Riverside attorney plans to take a novel approach to overturn San 
Bernardino County's medical-marijuana ordinance.

Letitia Pepper, attorney and director of Crusaders for Patients' 
Rights, will argue the ban violates the California Environmental 
Quality Act, which more often is used to determine the environmental 
impact of a development.

The Board of Supervisors approved an ordinance in March 2011 to ban 
medical-marijuana dispensaries in unincorporated areas and to limit 
cultivation of marijuana by valid patients to indoors only.

A lawsuit filed by Pepper challenging the county's ban is scheduled 
for an 11 a.m. hearing Friday at San Bernardino Superior Court, 303 
W. Third St., San Bernardino.

"This is the first lawsuit under CEQA I'm aware of that's been 
filed," Pepper said.

The lawsuit was filed shortly after the county adopted its ordinance.

"There's no possible way anyone could see it not having an impact on 
the environment," Pepper said of her lawsuit, which will show the 
county's ordinance has had an impact on the physical environment.

"People think about it in terms of cutting a forest down but the 
environment includes man-made environment," Pepper said.

"If you can imagine the county adopting an ordinance where they 
banned all pharmacies ... where people would look for a Rite Aid or 
Walgreens and they're banned. That's an impact on the physical 
environment. Instead of pharmacies, they're getting rid of 
dispensaries. People have a right to use medical cannabis rather than 
prescription drugs. They have a choice."

California voters in 1996 approved Proposition 215, which allows 
people with a medical need for marijuana to use it. Federal law bans the usage.

Pepper said she has asked for medical-marijuana patients to attend 
the hearing so the judge can see the support out there for the issue.

Lanny Swerdlow, Marijuana Anti-Prohibition Project member, said he 
expects at least 20 medical-marijuana patients to attend.

David Wert, spokesman for San Bernardino County, said he was unaware 
of the lawsuit, but the board's rationale in deciding the ban was 
marijuana "is something that is sought after by potentially dangerous 
people and growing it outside invites the criminal element to raid 
backyards or other outdoor places to get their hands on their valuable crops.

"What the county had in mind was what we often see in remote areas of 
the state ... Marijuana farms become armed camps, and armed people 
try to steal the crops, and the county believes that's not something 
the neighbors of marijuana nurseries should have to endure."

California Environmental Quality Act, which was passed in 1970, 
requires an analysis on potential environmental impacts from a 
proposed development in a city, county or the state. The act 
determines the environmental impact but also provides alternatives to 
mitigate the issues.
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MAP posted-by: Jay Bergstrom