Judge Grants Temporary Restraining Order to Protect Marijuana Grower

 by lucy

In Lakeport, California, Judge David Herrick has granted a temporary restraining order to four medical marijuana growers who worry that a 45-day interim marijuana cultivation ordinance could cause their crops to be taken away and destroyed.

The judge’s order only applies to the four marijuana cultivators included in the case, not every grower in the city.

On July 9 the city’s Board of Supervisors passed an ordinance which sets limits on marijuana cultivation.  The ordinance allows only 6 plants to be grown outdoors on a half acre or less, 2 plants with a 75-foot setback on parcels of half an acre to one acre, 18 plants and a 150-foot setback on parcels one to five acres in size, 36 plants and a minimum 150 foot setback on five- to 40-acre parcels, and a maximum of 48 plants on parcels 40 acres and larger.

City officials claimed that they would not go after smaller grows that exceeded the limits.  Instead, their intention in passing the ordinance was to eradicate large grows that have gotten out of hand and growers who are creating dangerous environments.

The attorney for the four growers, Joe Elford, explained that his clients sought out the restraining order to ensure that the city officials stayed true to their word.  According to Elford, his clients are “people who need more marijuana than the law allows.”  They do not have the economic means to grow indoors or to buy their medical marijuana from a collective.

According to Elford, the city’s ordinance directly contradicts the growing allowances that are outlined by California state law.  Ultimately, he is not asking for his clients to be exempt from the city’s ordinance, but instead he is asking for the city’s ordinance to be changed to align with California’s Compassionate Use Act and the Medical Marijuana Program Act.

A hearing to show cause for a preliminary injunction will be held on August 15th.  Until then, the plaintiffs will be protected under the temporary restraining order.



6 Responses so far | Have Your Say!

  1. 0

    Mike-420 said on Jul 28, 2012

    Hello Supreme court we have yet again another case involving medi weed!

  2. 1

    ogbreadman@420 said on Jul 28, 2012

    Not to be an ass but if we growers keep asking for to much they (the govrnmt) will say fuck it and ban grownin all together. If this is a pic of their crop who the fuck smokes that much with out trying to make some money. Come on stop the bullshit be smart my fellow growers

  3. 0

    Oilhead420 said on Jul 28, 2012

    The government already says you can't grow plants. That's why states like Cali and Colorado say fuck you and let their residents have medical access. Sure the Feds occasionally take down large collectives and growers, but those are just the huge, not typical operations. Nobody cares about the grower who has 12 plants in the garage or outside.

  4. 0

    ogbreadman@420 said on Jul 29, 2012

    That is true oilhead and that's why people need to find people who they can pay for their yard space to get a Med card and grow in a few different yards. There are ways around every law and rule people just have to be smart about it. If you try to grow a fuckin Forrest on one life of property ur operation will get shut down.

  5. 1

    Elvers said on Jul 30, 2012

    hay guy's at least we have a Judge on our side. be thankful for that one.

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