Pubdate: Wed, 08 Jan 2014
Source: Fresno Bee, The (CA)
Copyright: 2014 The Fresno Bee
Contact:  http://www.fresnobee.com/
Details: http://www.mapinc.org/media/161
Note: Does not publish letters from outside their circulation area.
Author: Marc Benjamin

FRESNO COUNTY SUPERVISORS BAN GROWING OF MEDICAL MARIJUANA

Over objections of medical marijuana users, the Fresno County Board 
of Supervisors on Tuesday banned all marijuana cultivation in the 
county's unincorporated areas starting in February.

The ban includes fines of $1,000 per plant.

The 5-0 vote by supervisors also adds a fine of $100 per plant for 
each day plants remain after the initial discovery. Violations of the 
public nuisance ordinance would spark misdemeanor financial penalties.

Appeals of the ordinance citations will be heard by the Board of 
Supervisors. The ordinance takes effect in 30 days.

Joe Elford, a San Francisco medical marijuana lawyer, said Fresno 
County apparently is the first to ban medical marijuana cultivation 
in California.

"You are speaking about a significant number of people who will be 
negatively affected," Elford said. "It clearly goes against what 
California voters intended."

He was referring to Proposition 215, a California law allowing use of 
medical cannabis that passed in 1996.

Fresno County had modeled its ordinance on one from Kern County that 
limits medical marijuana users to 12 plants, but took it a step 
further after officials learned that Live Oak, a city near 
Sacramento, banned cultivation outright.

The Live Oak ordinance was appealed and upheld. Elford said he has 
written a motion to asking the state Supreme Court to hear the appeal.

"Fresno County is now inviting a legal case against them," he said. 
"It's hasty action that could end up costing taxpayers money."

Medical marijuana patients told the board Tuesday that they should 
not have to travel long distances to get the drug of their choice.

"There are no marijuana deaths other than people who are trying to 
steal it," said Diane Valdovinos of Fresno. "We need legal 
dispensaries and we need to have patients that can grow their own medicine."

Tim Boissonneault of Fresno said drugs are available on every street 
corner at pharmacies, but the county will turn those who want to grow 
medical marijuana from "good people into criminals."

But Sheriff Margaret Mims said the cultivation ban can't come soon 
enough. In 2013, there were 20 violent incidents involving marijuana 
cultivation.

"Had this not gotten out of control it may not have resulted in an 
ordinance like this," Mims said.

Mims estimates the cost of enforcement at $307,000 annually. County 
officials had no estimates on how much money the fines and any liens 
would reap under the ordinance.

Board Chairman Andreas Borgeas said the ordinance provides no 
prohibition for patients to get medical marijuana elsewhere.

"Those that have the proper documentation are still legally capable 
of smoking and using cannabis," he said. "It's stopping cultivation."

In May, the state Supreme Court ruled in a Riverside case that 
jurisdictions can create public nuisance laws banning cultivation, 
Borgeas said. The county, he said, is following that ruling.

Eventually, Borgeas said, the state Legislature will have to step in 
and set rules to remove the legal "patchwork across the state."
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MAP posted-by: Jay Bergstrom