Mar. 28, 2007. In response to complaints
from local patients, Cal NORML is challenging an ordinance by the city of
Lakeport banning cultivation of medical marijuana within the city limits.
The ordinance, which becomes effective on April
6th, is the first attempt by a
California city to deny the right to cultivation guaranteed under Prop. 215.
In a letter to the Lakeport city attorney,
California NORML attorney William Panzer warned that the ordinance would likely
cause "irreparable harm to lawful medical cannabis patients living in
Lakeport."
State law SB 420 (Health & Safety Code Section 11362.77) specifies
that cities and counties may not impose limits on cultivation below the
statewide default standard (6
mature or 12 immature plants). The
State Supreme Court reaffirmed that these were minimal limits in People v.
Wright.
The letter warns that Lakeport patients are
prepared to file suit against the city if it tries to enforce the ban on
cultivation.
The Lakeport ordinance, which
was enacted at the urging of the local police chief, declares that the smell of
marijuana plants poses a public nuisance, offending the noses of neighbors and
potentially attracting robbers.
" We need to differentiate
between responsible cultivators and others," local patient Howard "Duke" Holtz told the city
council. "State laws cannot be overridden simply because of the abuse by a
few. If they could be, we may as
well throw away our Bill of Rights and most other rights we have in our
country."
Patient advocates say that the ordinance
goes far beyond what is required to deal with odor nuisances. The cities of Ukiah and
Willits both have ordinances aimed at dealing with
marijuana odors, but they prohibit only open-air gardens, not cultivation
indoors or in greenhouses.
"If the city of Lakeport tries to counter our given
state rights, then they should also take the responsibility of providing
medical marijuana to approved users, either free of charge, or fully reimburse
purchases of it," argues Holtz.