Pubdate: Sat, 18 Aug 2012
Source: Willits News (CA)
Copyright: 2012 Willits News
Contact:  http://www.willitsnews.com/
Details: http://www.mapinc.org/media/4085
Author: Jeremy Walsh

LAKE COUNTY: JUDGE GRANTS PRELIMINARY INJUNCTION FOR MARIJUANA 
CULTIVATION ordinance

LAKEPORT -- A Lake County judge Friday granted a preliminary
injunction until Jan. 1 for all qualified people and collectives
growing marijuana in conformity with state law at the time the county
adopted its interim medical marijuana cultivation ordinance.

"Needless to say this doesn't apply to any illegal grows," Judge David
W. Herrick said during the afternoon hearing at the Lake County Courthouse.

Herrick set the timeline with the current marijuana grow season in
mind, saying cultivators conforming with state law before the
temporary ordinance was enacted this summer should be protected from
having their current year's crop destroyed under the new
regulations.

Don Merrill and three people known in the case as "Doe" -- who stated
they feared retribution if they revealed their real identity -- sued
the county and Sheriff Frank Rivero soon after the Lake County Board
of Supervisors (BOS) adopted the temporary law July 9.

Merrill said the ruling helped accomplish the lawsuit's main goal of
"protecting those people that believe they're in compliance with state
law and have the ability to show that they are."

"We want the county to continue to abate the illegal grows. We don't
want to stop them from abating illegal grows. We only disagree on what
they consider to be an illegal grow," he added.

The interim ordinance limited the number of marijuana plants allowed
for outdoor cultivation and banned commercial growing as well as
growing on vacant lands.

The limits depended partly on parcel size, with a maximum of six
plants on land smaller than half an acre allowed outside on the lower
end of the scale and as many as 48 plants on parcels larger than 40
acres allowed on the upper end.

The ordinance required that all outdoor marijuana cultivation be
accessory to an approved residential use and be screened from public
view.

Herrick said the county did have the ability to adopt land-use laws to
regulate medical marijuana cultivation activities allowed under state
law.

"We're happy that the court confirmed that the county does have the
legal authority to adopt a land-use ordinance that regulates conduct
under the Compassionate Use Act," County Counsel Anita Grant said
after the hearing.

Herrick also said the plant limits in the ordinance were "reasonable,"
adding, "It does not expressly limit the number of plants and I think
that is its redeeming constitutional feature."

The temporary law did not specifically regulate indoor grows or the
number of parcels on which a qualified person could grow.

Herrick said he hoped a hearing and subsequent ruling on a permanent
injunction, if necessary, would occur before Jan. 1.

The judge's ruling came less than a week before the temporary
ordinance expires, unless extended by the BOS.

The supervisors are set to discuss whether to extend the regulations
during their meeting Tuesday, which will take place at a special time
and location.

The BOS will hold its Tuesday meeting at 4 p.m. in the Kelseyville
High School student center.

The supervisors met at the Lake County Fairgrounds in July when they
discussed, and ultimately voted to adopt, the interim ordinance
because their normal meeting space at the courthouse proved too small
a venue.

BOS Chair Rob Brown called Herrick's ruling, "disappointing." He
added, "I think we still have some options to deal with the problem
and still abide by the judge."
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MAP posted-by: Matt