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Counties find the way out of legal recreational pot in CA

jta50

New Member
I have been using medical marijuana for about three years and I went from 4 pain pills a day down to one. I grow outdoors which is in violation of my counties' rules. They only allow indoor growing of 6 plants and I don't have enough money to support an indoor grow. The county also nixed having a dispensary in town which makes me have to drive 84 miles round trip to get my pot. My first two grows produced fantastic plants with little potency. I bought seeds this year, White Widow and Durban Poison I got from Crop King. It gets up to 110 degrees where I live and I think I'm going to go to movable containers this year to keep them out of the sun too much when it gets scorching. I think it is monetary discrimination to say you can't grow outdoors. I'd like to take it to court.
 

TorturedSoul

Member of the Month: May 2009, Oct 2010, Sept 2017
I'm (almost) sure it wouldn't work, but have you ever thought about creating an "official looking" bill for your expenses vis-à-vis your transportation (and, now that I think about it, your actual purchase expenses, since the county is causing them by prohibiting your outdoor growing) costs over a 30-day period?

There are two reasons why I am not entirely joking about this: First, some bureaucracies are so... bureaucratic that they'll end up paying any bill that looks legitimate enough and, second, because I'd think that your county government's refusal to pay such a bill would become very relavent if you actually did decide to pursue some kind of legal redress in this matter.
 

Icemud

Member of the Month: July 2012, July 2014 - Nug of the Month: July 2012
I have been using medical marijuana for about three years and I went from 4 pain pills a day down to one. I grow outdoors which is in violation of my counties' rules. They only allow indoor growing of 6 plants and I don't have enough money to support an indoor grow. The county also nixed having a dispensary in town which makes me have to drive 84 miles round trip to get my pot. My first two grows produced fantastic plants with little potency. I bought seeds this year, White Widow and Durban Poison I got from Crop King. It gets up to 110 degrees where I live and I think I'm going to go to movable containers this year to keep them out of the sun too much when it gets scorching. I think it is monetary discrimination to say you can't grow outdoors. I'd like to take it to court.

Have you tried a legal delivery service? On January 16, 2019 the final regulations for california cannabis became active which allow for legal retail delivery to deliver ANYWHERE within the state of California (even if your city or county banned it) per section 5416 of the BCC regulations. The only area's it is prohibited from being delivered is on federal property, publicly owned land, or to tribal land without consent from the tribal law.

Therefore a city can NOT ban delivery to your home address. They can ban the delivery business to exist in the city, but they can not ban the action of delivery to an address within the city.

The BCC who regulates cannabis in California, has issued a public website which allows consumers to check and search for legal cannabis businesses. You can find that here at: www.CApotcheck.com

Make sure to verify the delivery services by you are licensed by checking the site above (if there are any by you). Don't trust any non licensed deliveries as I have seen plenty of stories of people getting robbed/mugged, beaten or worse.


I don't know how much luck you would have in taking them to court at the state level, since Prop 64 was a voter approved initiative, I don't think that you would be able to go head on with that as it would largely involve a regulatory process to even have any action and would cost a lot in attorney fees. You may want to reach out to some organizations like NORML or CCIA and see if they have idea's on how you can fight it locally at your city level.

How the laws in California work, is that the prop 64 (which legalized this entire program), allows cannabis businesses to operate only with city approval. The City is given the power to also regulate personal grows and whether or not to allow them outdoors or not, and other factors as well (some cities went completely greedy and require expensive permits and home inspections prior to growing which is insane). I would try taking this to some local city council meetings, and try to rub shoulders with other "like minded" people in your area who also would like to see this take effect. The city has the power to change their local ordinance if you make a good enough case. Most cities had no clue what to do with the legalization, therefore they adopted bans which would allow to make changes later. If they didn't take any action, then the state would be able to regulate their city therefore most did "placeholder bans" to allow to explore it later down the road without state interference.

Also big organizations like league of California voters contacted cities and gave some "guidance" to what they should do which resulted in most of them using the exact same "copy/pasted" version of an ordinance to ban it. As long as you can convince them of your issues, and what you have to go through, you may see success at the city level, which is all you need. You probably won't need an attorney either for that.

Hope this helps. I have had extensive experience working with regulators, and industry businesses for the last 4 years on these regulations and issues, so hopefully this guides you in the right direction.


If none of this works, then growing indoors would be your only option then. Try buying equipment second hand. For about $600 you could have 2-3 harvests a year with a 2x4 or 4x4 tent and probably yield upwards of 1-3lbs per run depending on your skills, genetics and environment.
 
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