Fresno passes flawed ordinance

Discussion in 'Marijuana News' started by Shipwreck, Aug 10, 2011.

    Im glad that our local dispensary is grandfathered in and hasnt caused any trouble.

    FRESNO, Calif. (KFSN) -- A majority of the Fresno County Board of
    Supervisors approved a controversial ordinance that will put
    severe restrictions on access to medical marijuana. The ordinance
    restricts marijuana growing to enclosed warehouses in industrial
    areas of the county, and completely bans the distribution of
    medical marijuana.
    Medical marijuana users and their attorneys spoke out against the
    ordinance at a public hearing on Tuesday. Many felt the ordinance
    violates the intent of state law, which allows qualified patients
    access to medical marijuana. But a majority of the board members
    said they felt the law was on their side in allowing them to use
    zoning ordinances to restrict where marijuana can be grown.
    The ordinance passed on a 4 to 1 vote. Supervisor Susan Anderson
    was the only opposition. She told her fellow board members the
    ordinance; "Would push marijuana growing back into the national
    forests, and benefit drug cartels ." She doubted the measure with
    withstand legal challenges and said, "While it may look good on
    paper, and serve political purposes, it is unrealistic."
    Board members Debbie Poochigian and Henry Perea described
    the ordinance as a start . The measure calls for their staff members
    to get input from the medical marijuana community and come back
    with possible revisions in three months.
    While the ordinance was originally designed to move marijuana
    growing out of residential areas, Poochigian said, "I don't really
    have a problem with someone who grows just a few plants in their
    back yard." But she objects to the interpretation of state law
    which allows up to 99 plants per person. She indicated a
    willingness to change the ordinance if the medical marijuana users
    could come up with some reasonable alternatives.
    The ordinance gives the 15 existing medical marijuana
    dispensaries operating in the county six months to comply, that is,
    shut down. But the county's legal advisor told the board if they fail
    to comply they can only be cited for a zoning ordinance violation.
    Which means they would receive a warning notice, then a citation,
    and be entitled to a hearing. A process that could drag on for
    months, if not years.
    During their meeting a group of concerned women from the
    community of Centerville advised the board that a new dispensary
    was operating within 800 feet of an elementary school. The
    supervisors were told they would have to go to court and seek an
    injunction to get it shut down.
  2. So... They grow the marijuana in the warehouses.. But can not distribute :confused::confused:
  3. That's why it's flawed, basically it's saying you can only grow in certain areas of town but it bans all dispensaries. Also medical marijuana cannot be grown outdoors in Fresno.
    ALSO, you cannot grow marijuana in any other place than the grow sites.

    It's all bullshit.
  4. #4 Jah Mason, Aug 11, 2011
    Last edited by a moderator: Aug 11, 2011
    Shit I was back home for the summer, I leave back up North in 4 days. This week Bakersfield (just south of Fresno) passed the same ordinance here.

    It's nothing new, regardless of state or federal law, local government has been running businesses through ordinance for decades. However keyword there is "running". You can limit, and constitute how the business runs, but I don't think you can shut it down. Especially in this manner.

    NORML and some others sent legal representatives to both the meetings, they voted at the second which shutdown the shops. There are multiple reputable lawyers, a couple in-town and a couple for the dispensaries ranging out of L.A., who want the big lawyers; and they have the money, and power to sue the county and from what I hear; it's going to happen. Fairly soon.
  5. Why does it matter if they have a dispensary by a elementary school it's not like they hand out weed to kids.
  6. Idk; just the principle maybe. I wouldn't really want the type of people that the dispensaries here attract around my kids at their school. At least within a good mile or so. As far as the plant-wise, that's another story. But the caliber of people I believe is definitely a problem. Face it, anyone can get a card anytime now-a-days for some bullshit. Not just legit cases, there is everyone from gang members to doctors. There are just some people I would prefer not to object my children to (if I had some), and though this can be prevented by area and location of the dispensary for the most part; action needs to be taken to an extent on both sides of the deal. They both need to make something work; and I'm sure they will after the suit. OC, SD, and a couple other counties all did the same, and got sued.
  7. Too great and too awesome sharing it is. I really like it a lot
    nice work done over all
  8. This is from our local news website. Abc

    But the law may be on their side. ABC 30 legal analyst Tony Capozzi thinks supervisors went too far in going after existing pot grows. "That's a violation of the constitution. That's called the Ex Post Facto clause. And if the county came in and ripped out those plants. Those homeowners would have a clear civil action against the county." said Capozzi.

    Sheriff Margaret Mims supports the moratorium but agrees ripping out plants could put her department on shaky legal ground. "I don't want to find ourselves that situation. I want to make sure that our ordinance is solid that we do have legal grounds to do what we want to do." said Mims.

    The Fresno City Council is expected to vote on a moratorium of its own on Thursday.

    It's unclear if they will decide to only ban new pot plants or place a prohibition like the board of supervisors did Tuesday.

    Here is the full article.
    Fresno County bans outdoor marijuana gardens |
  9. As of right now I'm definitely not happy. But with only a few plants. Not to worried.

  10. Yeah I wish people didn't fake stuff to get one I know a couple kids who just faked pain saying they have a backache and half of them were cholos. I just don't want people to mess up the whole system now for people it actually helps.

  11. because the system is broken. People love using cannabis recreationaly. It will never stop.

    Its a nontoxic drug that gives a great high.
  12. If you say marijuana is only for medical patients, wrong, marijuana is meant for everybody it just has the illegality due to fear, propaganda, and this bullshit system.

    Why the hell would you represent the federal governments stance on the issue!

  13. Amen shipwreck, cannabis is a gift from god, and no man should be able to tell one they can not use it. It should be available to all who find any kind of comfort using it.

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