A Lake County Superior Court judge will decide today whether to halt a month-long crackdown on medical marijuana cultivation in the county.
Thousands of pot plants being grown under the auspices of medical marijuana laws have been eradicated since the county adopted new restrictions on outdoor pot farms last month.
"What I'm doing is a full-on cavalry charge," said Lake County Sheriff Frank Rivero, who has embraced the July 9 ordinance.
Medical marijuana patients are suing to strike down the ordinance and halt the enforcement action.
"The county went on a rampage" that conflicts with state laws legalizing the use of marijuana for medical purposes, said Bay Area attorney Joe Elford, who represents four medical marijuana patients suing to overturn the ordinance.
It was designed as an interim measure to control the county's rampant marijuana farms until a permanent solution that balances the needs of medical pot patients with those of their neighbors and the environment can be found. Some residents have complained about the pungent smell of their neighbors' pot. County officials are concerned about the garbage, fertilizers and pesticides often left behind. Law enforcement cites increases in pot-related crime.
The temporary ordinance limits the number of pot plants that can be grown outdoors on residential parcels of less than a half-acre to six mature plants. The amount allowed gradually increases with the size of the parcel, with a maximum of 48 plants allowed on parcels of 40 acres or more. It bans cultivation on parcels that do not have residences. The ordinance also calls for gardens to be screened and sets minimum distances from neighboring homes and schools.
The ordinance was adopted following a contentious hearing attended by about 400 people. It was aimed at appeasing both pot proponents and opponents, but dissatisfied medical marijuana growers filed a lawsuit just days after its adoption.
The timing of the ordinance, which was adopted in the middle of the pot-growing season, poses a problem for growers, Elford said. People who planted, believing they were within the law, now find themselves outlaws and subject to arrest, he said.
His clients also contend the six-plant limit on outdoor pot gardens on small parcels is insufficient.
Elford earlier was able to get temporary restraining orders for his four clients, but other pot growers in the county have been subject to the enforcement actions. He said they're living in fear of being arrested and having their marijuana confiscated.
Rivero said legitimate medical marijuana users have nothing to fear.
"I'm not looking at taking marijuana away from little Miss Magilicutty who is dying of cancer," he said.
Rivero said he and other Lake County residents are tired of people who are growing large amounts of marijuana under the pretense that it's for medical use.
"The Compassionate Care Act has been hijacked by a bunch of profiteers who hide behind it in order to grow large amounts of marijuana for profit," Rivero said.
You can reach Staff Writer Glenda Anderson at 462-6473 or glenda.anderson@pressdemocrat.com.
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