MENDOCINO COUNTY WON'T ENFORCE POT MEASURE

Sheriff, D.A. Cite Legal Challenges in Sticking to 25 Marijuana Plant Limit

Mendocino County's top law enforcement officials announced Wednesday
they won't be enforcing a voter-approved crackdown on medical
marijuana cultivation.

Citing pending legal challenges to local and state-approved limits,
the Sheriff's Office and district attorney said they will temporarily
not enforce the plant limits set forth in Measure B.

Instead county law enforcement will continue to allow possession and
cultivation of 25 plants. However, in a change of policy, the county
limit will apply to the number of plants on a parcel, and not simply
the number grown for an individual's use.

The twist is provided in a marijuana ordinance approved by the Board
of Supervisors. It also bans growing of marijuana for any reason
within 1,000 feet of a school, school bus stop, church,
youth-oriented facility or a park.

In effect, county officials said they believe the property standard
is independent of the legal issues surrounding individual plant limits.

Medical marijuana advocates are challenging any individual limits on
possession, citing Prop. 215, a 1996 statewide initiative that
decriminalized marijuana use for medicinal purposes. They contend the
initiative didn't specify numbers, stating only that medical
marijuana use should be "reasonable" depending on a patient's need.

The decision not to enforce Measure B guidelines stems from a local
Superior Court case, which challenges the new limits. It cites a May
state appellate court ruling that found state guidelines, which
Measure B adopted, were unconstitutional.

Whether state officials plan to challenge the appellate court ruling
to the state Supreme Court remains undecided.

While state and local officials struggle with implementing medical
marijuana guidelines, federal authorities refuse to recognize their
authority. Under federal law, marijuana cultivation and possession
for any reason is illegal.