Robert Celt
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A pro-cannabis law firm based in Southern California has filed a lawsuit against the city over its recently enacted ban on all marijuana cultivation within city limits, and is asking a judge to overturn a part of the law that prohibits a medical marijuana patient from growing pot for personal use.
The suit, filed on March 28 in state court, alleges that the Antioch City Council abused its authority when it passed a law prohibiting marijuana cultivation, and that the council failed to establish that personal cultivation was a public nuisance or threat. California Cannabis Law Group attorneys for the plaintiff, an unidentified medical marijuana patient referred to as "Patient J.K." in court documents, argue that the law constitutes an "unconstitutional intrusion" on residents who are medical marijuana patients and asks a judge to set aside the portion of the law regarding personal marijuana cultivation.
"We have a narrow focus; the suit focuses on the personal cultivation part of the ordinance only," plaintiff attorney Kate Podein said. "It was an overreach of the city to prohibit personal cultivation."
According to Podein, Patient J.K. is an Antioch resident who suffers from HIV, hepatitis C and post-traumatic stress disorder, and was using marijuana to deal with those illnesses and the side effects of other medication. He commutes to work in San Francisco daily, which takes around three hours, and is unable to buy from medical marijuana dispensaries there due to high prices, she said. He had been growing marijuana in his garage for his own personal use, according to the civil complaint, but ceased that activity after the city passed its ban.
"He's not going to buy from the black market in Antioch," Podein said.
Podein wouldn't reveal Patient J.K.'s identity, nor would she specify what type of job he has. But she said her firm chose to make him anonymous because his boss in San Francisco doesn't know he's a medical marijuana patient, and that he fears retaliation if that were to come out. Still, the civil complaint states that J.K. has spoken on the matter during a public meeting in January.
Newly appointed Antioch City Attorney Michael Vigilia said that the city is working on a response to the suit, but that he thinks the ban is consistent with state law. He said the city should be able to cite California Supreme Court cases that have upheld a city council's ability to regulate and ban cannabis within their jurisdictions.
"That's really a policy call for the City Council, for how they want to regulate medical marijuana, and they made that call back in January," he said.
During a November council meeting on the ban, Antioch Police Chief Allan Cantando voiced his objections to the idea of the city issuing licenses that would allow individuals to have up to half a dozen mature cannabis plants for their medical needs.
"This (would be) just one more burden. This would definitely impact our department," he said, noting that the marijuana would attract thieves and could lead to violence.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA: Pro-Cannabis Group Sues East Bay City Over Marijuana Cultivation Law
Author: Nate Gartrell and Rowena Coetsee
Contact: The Mercury News
Photo Credit: Anda Chu
Website: The Mercury News
The suit, filed on March 28 in state court, alleges that the Antioch City Council abused its authority when it passed a law prohibiting marijuana cultivation, and that the council failed to establish that personal cultivation was a public nuisance or threat. California Cannabis Law Group attorneys for the plaintiff, an unidentified medical marijuana patient referred to as "Patient J.K." in court documents, argue that the law constitutes an "unconstitutional intrusion" on residents who are medical marijuana patients and asks a judge to set aside the portion of the law regarding personal marijuana cultivation.
"We have a narrow focus; the suit focuses on the personal cultivation part of the ordinance only," plaintiff attorney Kate Podein said. "It was an overreach of the city to prohibit personal cultivation."
According to Podein, Patient J.K. is an Antioch resident who suffers from HIV, hepatitis C and post-traumatic stress disorder, and was using marijuana to deal with those illnesses and the side effects of other medication. He commutes to work in San Francisco daily, which takes around three hours, and is unable to buy from medical marijuana dispensaries there due to high prices, she said. He had been growing marijuana in his garage for his own personal use, according to the civil complaint, but ceased that activity after the city passed its ban.
"He's not going to buy from the black market in Antioch," Podein said.
Podein wouldn't reveal Patient J.K.'s identity, nor would she specify what type of job he has. But she said her firm chose to make him anonymous because his boss in San Francisco doesn't know he's a medical marijuana patient, and that he fears retaliation if that were to come out. Still, the civil complaint states that J.K. has spoken on the matter during a public meeting in January.
Newly appointed Antioch City Attorney Michael Vigilia said that the city is working on a response to the suit, but that he thinks the ban is consistent with state law. He said the city should be able to cite California Supreme Court cases that have upheld a city council's ability to regulate and ban cannabis within their jurisdictions.
"That's really a policy call for the City Council, for how they want to regulate medical marijuana, and they made that call back in January," he said.
During a November council meeting on the ban, Antioch Police Chief Allan Cantando voiced his objections to the idea of the city issuing licenses that would allow individuals to have up to half a dozen mature cannabis plants for their medical needs.
"This (would be) just one more burden. This would definitely impact our department," he said, noting that the marijuana would attract thieves and could lead to violence.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: CA: Pro-Cannabis Group Sues East Bay City Over Marijuana Cultivation Law
Author: Nate Gartrell and Rowena Coetsee
Contact: The Mercury News
Photo Credit: Anda Chu
Website: The Mercury News
