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California - Mendocino County Superior Court Judge John Behnke will take under advisement arguments presented in court Friday that, if successful, could remove Measure B from the June ballot. The lawsuit, filed by Paula Laguna and George Hanamoto, asked for a writ to stop Measure B from being put on the ballot, arguing that it usurps the budgetary authority of the Mendocino County Board of Supervisors and that it violates SB 420, which set minimum medical marijuana limits in the state.
Measure B, which was approved for the ballot by the Mendocino County Board of Supervisors in January, would repeal Measure G and set medical marijuana limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana. Measure G, which was passed by a majority of Mendocino County voters in 2000, instructed law enforcement to make the prosecution of marijuana gardens of 25 plants or fewer the lowest possible priority.
David Nick, the attorney representing Hanamoto, said the Board of Supervisors adopted Measure G as an ordinance late last year, making it something that cannot be repealed by the voters without usurping the board's budgetary authority. Nick said voters have the right to repeal an initiative, but not an ordinance. "This measure is unlawful on its face," Nick said.
Deputy County Counsel Frank Zotter said the Board of Supervisors decision to adopt Measure G as an ordinance was administrative. "The board does not feel its authority was usurped; they put it on the ballot themselves," Zotter said.
Nick also argued that Health and Safety Code 11362.77, which set the six-plant limit, did not allow the county to set medical marijuana plant limits at the same level as state limits, only at a higher limit. Nick also said Measure B duplicates state law, which is illegal and could cause later problems. "This measure is going to receive a different interpretation by the courts in the future," Nick said.
Zotter said 11362.77 did not bar counties from setting medical marijuana limits equal to the state limits, only less than. The same health and safety code also says that a medical marijuana patient can grow more than that with a doctor's note, which Zotter said he believes is incorporated in Measure B.
Nick said, even if the language about plant limits was stripped out of Measure B, he would still oppose it because the repeal of Measure G would have several policy and budgetary consequences that Measure B does not address.
Behnke said he would take the arguments under advisement but said he would likely not make a decision until after the April 18 hearing of Green Party member Richard Johnson's suit, which aims to stop the county from printing the June 3 ballots.
Source: Ukiah Daily Journal (CA)
Copyright: 2008 Ukiah Daily Journal
Contact: udjrb@pacific.net
Website: Mendocino County's local newspaper - Ukiah Daily Journal
Measure B, which was approved for the ballot by the Mendocino County Board of Supervisors in January, would repeal Measure G and set medical marijuana limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana. Measure G, which was passed by a majority of Mendocino County voters in 2000, instructed law enforcement to make the prosecution of marijuana gardens of 25 plants or fewer the lowest possible priority.
David Nick, the attorney representing Hanamoto, said the Board of Supervisors adopted Measure G as an ordinance late last year, making it something that cannot be repealed by the voters without usurping the board's budgetary authority. Nick said voters have the right to repeal an initiative, but not an ordinance. "This measure is unlawful on its face," Nick said.
Deputy County Counsel Frank Zotter said the Board of Supervisors decision to adopt Measure G as an ordinance was administrative. "The board does not feel its authority was usurped; they put it on the ballot themselves," Zotter said.
Nick also argued that Health and Safety Code 11362.77, which set the six-plant limit, did not allow the county to set medical marijuana plant limits at the same level as state limits, only at a higher limit. Nick also said Measure B duplicates state law, which is illegal and could cause later problems. "This measure is going to receive a different interpretation by the courts in the future," Nick said.
Zotter said 11362.77 did not bar counties from setting medical marijuana limits equal to the state limits, only less than. The same health and safety code also says that a medical marijuana patient can grow more than that with a doctor's note, which Zotter said he believes is incorporated in Measure B.
Nick said, even if the language about plant limits was stripped out of Measure B, he would still oppose it because the repeal of Measure G would have several policy and budgetary consequences that Measure B does not address.
Behnke said he would take the arguments under advisement but said he would likely not make a decision until after the April 18 hearing of Green Party member Richard Johnson's suit, which aims to stop the county from printing the June 3 ballots.
Source: Ukiah Daily Journal (CA)
Copyright: 2008 Ukiah Daily Journal
Contact: udjrb@pacific.net
Website: Mendocino County's local newspaper - Ukiah Daily Journal
