Judge exempts Lake County medical pot crop from new restrictions

A Lake County judge Friday suspended enforcement of a county medical marijuana ordinance, halting a month-long crackdown on large pot gardens being grown under the auspices of the state's Compassionate Care Act.

"We won," said Bay Area attorney Joe Elford, who represented four Lake County medical pot patients suing the county over an ordinance adopted July 9.

The victory is temporary, however. Judge David Herrick's ruling is aimed only at allowing people to harvest the pot crops they planted before the ordinance went into effect, Elford said. Herrick did not find the ordinance to be unconstitutional or in conflict with state laws, he said.

"There will be a new fight next year. If they want to take on that fight," Elford said.

County officials expressed dismay at the ruling.

"I'm very disappointed," said Lake County Sheriff Frank Rivero, who directed his forces to eradicate thousands of plants since the ordinance was adopted. The gardens, most around 100 plants each, are being cultivated for profit, not for medical use, he contends.

Rivero said he's asking the county to appeal the judge's decision.

County officials and medical marijuana advocates have been wrangling over proposed rules for years as marijuana production proliferated throughout the county, now one of the state's top producers. The gardens attract crime, they stink and they pollute, critics say.

Last year, the county Board of Supervisors adopted an ordinance restricting outdoor growing but it was rescinded after marijuana advocates gathered enough signatures to place it on a ballot.

Marijuana advocates then launched a ballot initiative that would have allowed people to grow a generous amount of marijuana and that gave pot growers the same protections against nuisance complaints as other farmers.

Voters soundly defeated the measure early this year.

County officials thought the new ordinance was a good compromise between the needs of marijuana proponents and opponents. It was adopted following a daylong hearing attended by about 400 people.

But Elford's clients filed a lawsuit within days of its adoption.

The ordinance limits the number of medicinal pot plants that can be grown outdoors on residential parcels of less than a half-acre to six mature plants. The amount allowed 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 they must be from neighboring homes and schools.