Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Medical marijuana advocates on Friday filed a lawsuit against Mendocino County officials over an ordinance that limits the number of pot plants that can be grown on a parcel of land and where those parcels can be located.
“The county code is unconstitutional because it amends a statewide ballot initiative,” said Jim Hill, the lead plaintiff in the lawsuit and a member of the Mendocino Medical Marijuana Advisory Board.
The 2008 ordinance limits the number of plants that can be grown per parcel to 25, regardless of a property’s size or how many medical marijuana patients are involved with a cooperative garden.
The state Compassionate Use Act of 1996 does not place limits on the amount or marijuana qualified caregivers or patients can reasonably grow to meet their needs, the lawsuit states.
The lawsuit also takes issue with the ordinance’s prohibition on growing marijuana near schools, parks, bus stops and churches.
Mendocino County Sheriff Tom Allman, who is named in the lawsuit, said he cannot comment on pending litigation.
Mendocino County Counsel Jeanine Nadel could not be reached for comment.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: PressDemocrat.com
Author: GLENDA ANDERSON
Copyright: 2009 PressDemocrat.com
Contact: Contact Us | PressDemocrat.com | The Press Democrat | Santa Rosa, CA
Website: Mendocino pot measure challenged in court | PressDemocrat.com | The Press Democrat | Santa Rosa, CA
“The county code is unconstitutional because it amends a statewide ballot initiative,” said Jim Hill, the lead plaintiff in the lawsuit and a member of the Mendocino Medical Marijuana Advisory Board.
The 2008 ordinance limits the number of plants that can be grown per parcel to 25, regardless of a property’s size or how many medical marijuana patients are involved with a cooperative garden.
The state Compassionate Use Act of 1996 does not place limits on the amount or marijuana qualified caregivers or patients can reasonably grow to meet their needs, the lawsuit states.
The lawsuit also takes issue with the ordinance’s prohibition on growing marijuana near schools, parks, bus stops and churches.
Mendocino County Sheriff Tom Allman, who is named in the lawsuit, said he cannot comment on pending litigation.
Mendocino County Counsel Jeanine Nadel could not be reached for comment.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: PressDemocrat.com
Author: GLENDA ANDERSON
Copyright: 2009 PressDemocrat.com
Contact: Contact Us | PressDemocrat.com | The Press Democrat | Santa Rosa, CA
Website: Mendocino pot measure challenged in court | PressDemocrat.com | The Press Democrat | Santa Rosa, CA
