Possible Violations of State Law in Lake County

UPDATE 6/28 – Lake County Board of Supervisors’ efforts to pass an emergency, restrictive cultivation ordinance were stonewalled when 300 people showed up for the meeting and the fire marshall demanded it be rescheduled in a larger venue. The next meeting will be July 9 at 9 am at the Fairground theater.

The proposed ordinance has been amended to allow for 36-plant collective gardens. If enacted by a 4/5 vote, it would be in effect for 45 days.

Two CalNORML legal committee attorneys are representing Lake County patients in suits against the county. Potential plaintiffs for an injunction against the ordinance can write here.

June 20 – California NORML has been getting reports that the Lake county sheriff’s department is acting in violation of state law by destroying legal medical marijuana gardens in Middletown, Kelseyville and beyond. Also, we have been told that sheriffs’ deputies are falsely informing Lake county residents that they have no right to grow any amount of medical marijuana and/or threatening property forfeiture for reasonably sized cooperative gardens.

The county is entertaining an ordinance on Tuesday, June 26 that is in flagrant violation of state law SB420, which permits a MINIMUM of 6 mature or 12 immature plants per patient, with overages allowed if medically necessary and approved by a doctor. State law also protects patients’ rights to collectively grow medical marijuana. A challenge to any Lake ordinance that infringes on patients’ rights, as voted in by Californians with Prop. 215 and codified by the legislature with SB420 is likely.

We are advising patients not to sign any consent to confiscate property, and to keep records of violations for possible future action. If reports we’re receiving are correct, such actions by Lake county could leave the county liable for patients’ loss of property and more.

Ellen Komp
CalIfornia NORML

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