Fresno County, city on cannabis collision course By Michael S. Green

SAC NORML Neighbors

Fresno County, city on cannabis collision course

By Michael S. Green

Fresno Cannabis Association

As medical cannabis patients and social users turn their attention toward adult-use legalization in 2016, Fresno County continues to preach the gospel of pot prohibition.

The county's total ban on medical cannabis cultivation, both indoors and outdoors, took effect in February 2014. The City of Fresno passed its own growing ban a month later, apparently at the urging of county supervisors. Both ordinances feature feature on-the-spot plant rips by police officers or sheriff's deputies (aka "summary abatement") and excessive fines of $1,000 per plant.

Caught in the cross-fire are patients who grow and use medical cannabis in compliance with Proposition 215 and Senate Bill 420, only to find out that Fresno County Sheriff Margaret Mims, Fresno police Chief Jerry Dyer, and their respective officers don't enforce those state laws. Instead, both the City and County of Fresno are in a perpetual (and unlawful) state of cannabis emergency, so plants typically get ripped without advance notice or property inspection warrants. In two marathon meetings last fall, supervisors imposed fines ranging from $1 to $316,000, even though the plants were pulled at the same time the fine citations were issued. Several of those fines are now on appeal in Fresno County Superior Court, which prompted supervisors to amend the enforcement procedures of the growing ban this January.

It's not all bad news for Prop. 215 patients. Two lawsuits challenging the county ban on pre-emption grounds are pending in the Fifth District Court of Appeal, including one filed by the American Civil Liberties Union. A pair of lawsuits were filed last year against the City and County of Fresno on grounds they violated state planning and environmental laws when they passed their respective growing bans, and court rulings are expected in both of those cases within 60 days.

In March, the Fresno City Council considered an ordinance that would have allowed four plants, indoors only, but that also would have required growers to obtain a city permit and allow police inspections of those same four plants. Fresno Cannabis Association members praised the proposal as a good starting point for discussions, but objected to the proposed permits and the $1,000/plant fines. Fresno County supervisors apparently lobbied against the proposal behind the scenes, and after the four-plant plan failed on a split vote the council president decided to table the issue. Since then, the San Joaquin County Board of Supervisors also adopted a zero-tolerance growing ban (minus the excessive fines), and it's expected that more cities and counties will follow suit.

Fast-forward to 2016: Cannabis legalization will fix all this, right? As the Fresno ordinances show, that's hardly a given. Several ballot measures are competing for attention and campaign funds, and personal cultivation remains a hot-button issue. Another wild card is the Legislature, which has stalled cannabis regulations for years. The looming specter of adult-use legalization could finally spur action on medical cannabis regs, but cities and counties will fight like hell to make sure local governments can opt out.

Because medical cannabis dispensaries are already banned throughout Fresno County and most of the Central Valley, it's unlikely that retail sales of adult-use cannabis will take place in California's heartland unless local bans are pre-empted by the specific terms of the winning ballot initiative.

Learn more:

Fresno City Council balks at cannabis ordinance

http://fresnocannabis.org/fresno-city-council-balks-at-cannabis-ordinance/

Fresno County cannabis fine appeals

http://fresnocannabis.org/fresno-county/cannabis-fine-appeals/

Fresno County cannabis ban faces CEQA challenge

http://fresnocannabis.org/fresno-county-cannabis-ban-faces-ceqa-challenge/

Court records filed in challenge to Fresno growing ban

http://fresnocannabis.org/court-records-filed-in-challenge-to-fresno-growing-ban/