Apr 092014

A CEQA lawsuit that seeks to block the enforcement of the Fresno County cannabis ban was filed April 4, 2014. The lawsuit doesn’t claim the county ban violates Proposition 215 or Senate Bill 420, although it well could. Instead, the single cause of action claims the county violated the California Environmental Quality Act (CEQA).

This unofficial copy is lightly redacted. If the embedded viewer doesn’t work, click here.

Exhibit A: Fresno County Ordinance 14-001
Exhibit B: Cannabis staff report, Fresno County Board of Supervisors (Jan. 7, 2014)
Exhibit C: Cannabis staff report, Fresno County Planning Commission (Jan. 9, 2014)

Fresno County cannabis CEQA lawsuit

  14 Responses to “CEQA lawsuit targets Fresno County cannabis ban”

  1. There is a problem with the captcha unreadable even thought it is right. Happens if take awhile to write out the comment.

  2. I had a long comment but lost it because of the captcha problem so I plan on later to write it all in short posts.

    • Sorry you lost a longish comment, but that happens from time to time on WordPress, Facebook and other platforms that “forget” where they are, requiring a page refresh. It’s not intuitive, but there are some workarounds for old-school writers who run afoul of modern technology:

      1. If you find yourself running long at the keyboard, take a moment to highlight and copy your message before hitting the “Submit” button. If it all goes downhill, you can reload the page and paste the copied text into the comment field.

      2. If writing long is your thing, consider popping open your word processor or text editor to compose your comment. If the first post doesn’t work, you’ve got your Plan B all set to go. Keep a running log of your comments and notes in a master file if it helps.

  3. Sec 1 ( H ) if mmj grows are not regulated,large quantities of illegal marijuana will be introduced into the local market in the near future. Obviously this statement does not apply to qualified mmj patient.

  4. ( I ) & ( J ) the county acknowledges that mmj can contain chemicals & contaminants from unapproved sources so their solution is for mmj patients to buy from the street instead of growing their own so they know what it is & what is in it?

  5. $1,000 fine per plant & 10% interest. Suppose u have 10 plants so that equals $10,000. Let’s say u can pay $1,000 a month. In 5 months u will still owe $8535.

  6. They can take what u own to collect money & nowhere did I read that they can’t take a little at a time to milk you for more money.

  7. So what is there to stop them from taking everything you own? Of course they will also go after the property owner because they assume they have money to spend.

  8. I was not aware that in Fresno county a property owner can go into a tenants house anytime they want. Mims expects the owner to know what goes on on their property.

  9. So shouldn’t mims be held responsible for any corruption,brutality & wrongful killing etc by her deputies because she should have known? Shouldn’t she be held to her own standards?

  10. Its looks to me like the purpose of the ordinance is for raising revenues & enforce their agenda at the same time. Is this even constitutional?

  11. If state law allows qualified mmj patients safe access to safe meds,isn’t the county breaking the law by denying those of us who can’t afford to travel long distance & pay whatever the price of meds may be? Shouldn’t they be held responsible to provide for us?

  12. If a grow is well secured & hidden but stumbled upon legally or illegally by the cops,how can it be a nuisance enforceable by the nuisance law?

    • Nuisance law is one of the oldest categories of law, and it’s complex. In a nutshell, cities and counties have broad “police powers” to regulate land use. That includes what goes where (zoning) and what stuff you can do (zoning, health and safety, environment, building, even some “morals” statutes, e.g., anti-prostitution laws). The county ordinance declares marijuana cultivation to be a public nuisance per se; there doesn’t have to be any proof or showing that the garden is causing an actual nuisance. Causing, allowing or maintaining a nuisance is a violation of the county code, which triggers enforcement and penalties.

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