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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
[CA] Fresno judge rules pot growers have until midnight Nov. 30 to harvest their crops
    #13434237 - 11/04/10 02:11 PM (13 years, 6 months ago)

Fresno Co. judge sets deadline to harvest pot
November 3, 2010 - fresnobee.com



A Fresno County ordinance that bans outdoor medical-marijuana gardens is valid, but backyard growers have until midnight Nov. 30 to harvest their crops, a judge ruled Wednesday.

In his ruling, Superior Court Judge Jeff Hamilton said county officials couldn't immediately enforce the ordinance because they had failed to prove that outdoor gardens were an imminent threat to public safety.

Citing recent violence associated with marijuana gardens, the Board of Supervisors on Sept. 14 approved the ordinance that banned outdoor medical-marijuana gardens in unincorporated areas.

In October, Fresno attorney Brenda Linder sued the county on behalf of people who have medical-marijuana cards from doctors and who grow it for themselves.

Her lawsuit contends that the ordinance conflicts with 1996 state law that allows California residents with medical-marijuana cards to grow the crop for personal use.

In a hearing in mid-October, Linder persuaded Hamilton to lift the ban temporarily until Wednesday's hearing on whether to lift it permanently.

During the hearing Wednesday, Hamilton criticized county officials for failing to explain why it was so urgent to ban the gardens, especially since voters approved the state law 14 years ago.

"How else will they get it? From the medicinal-marijuana fairy?" Hamilton asked attorney Jeffrey Dunn of Irvine, who represented the county.

Dunn countered that cities and counties have a right to regulate marijuana distribution. More than 200 municipalities in California have done so, he said.

Linder, however, told Hamilton that those ordinances target medical-marijuana dispensaries, not the gardens of people who grow it for personal use. She said Fresno County's ordinance is unprecedented.

Hamilton criticized the county's rationale for the ordinance. He noted that when it was passed, county officials cited recent shootings that had occurred in or near marijuana gardens. But Hamilton said those shootings had occurred in the city of Fresno, not in the county.

In his ruling, Hamilton said growers who planted their medical-marijuana crop before the Sept. 14 ordinance have a vested interest in their crop, so they have until midnight Nov. 30 to harvest it.

After that, county officials can enforce the ordinance, he said.

Linder told the judge that his ruling puts people at risk because they may resort to street dealers to get their marijuana. She said she plans to continue to pursue her lawsuit challenging Fresno County's ordinance.

"State law gives the people the vested right to grow it," she said. "County officials have stuck their heads in the sand for 14 years. Now they think they have an unrestricted right to ban it."

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OfflineHashishins
Mind Manifesting
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Registered: 07/27/10
Posts: 363
Loc: Psychedelic State Flag
Last seen: 4 years, 12 days
Re: [CA] Fresno judge rules pot growers have until midnight Nov. 30 to harvest their crops [Re: veggie]
    #13434267 - 11/04/10 02:14 PM (13 years, 6 months ago)

ughh!! just legalize it already and CONCENTRATE ON THE REAL CRIMINALS jebus crizz they spend more time attacking pot heads then people that commit crimes.. or at least it SEEMS that way ^.^

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Offlinerealfuzzhead
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Registered: 03/03/10
Posts: 10,783
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Re: [CA] Fresno judge rules pot growers have until midnight Nov. 30 to harvest their crops [Re: Hashishins]
    #13434493 - 11/04/10 03:05 PM (13 years, 6 months ago)

i dont understand it, alcohol is legal and there are always liquor store related shootings and robberies and the such, yet something happens near a marijuana place and all of the sudden it proof perfect that these places are bad for society?

not only that but the only reason someone robs over marijuana is because its illegal, i mean wtf?  300$ an ounce? most legal commodities arent even 300$ a ton! its a friggin weed, this stuff would be soooo cheap if it was legal, and thus taking the incentive away for people to resort to violence to get it..

rodgerrabbit predicts 30$ a pund plus taxes (20-30$)

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InvisibleTTT
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Registered: 08/07/06
Posts: 4,340
Re: [CA] Fresno judge rules pot growers have until midnight Nov. 30 to harvest their crops [Re: realfuzzhead]
    #13434752 - 11/04/10 03:58 PM (13 years, 6 months ago)

How about everyone just says fuck you and doesn't listen? Are they going to arrest all growers? What if people keep planting pot in the warmer reigons of Cali.

Lets move the grows indoors so we can talk about how dangerous indoor marijuana grows are when house go up in flames from bad electrician work (lighting).:facepalm: Makes me want to slap people.

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OfflineStatuesCryBleeding
Mycology Enthusiast


Registered: 09/14/10
Posts: 450
Loc: The Great White North Flag
Last seen: 10 years, 6 months
Re: [CA] Fresno judge rules pot growers have until midnight Nov. 30 to harvest their crops [Re: TTT]
    #13435351 - 11/04/10 06:25 PM (13 years, 6 months ago)

Quote:

TTT said:
How about everyone just says fuck you and doesn't listen? Are they going to arrest all growers? What if people keep planting pot in the warmer reigons of Cali.




As Marc Emery said ''Overgrow the goverment''

FREE MARC EMERY!!!!

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