MENDOCINO POT MEASURE CHALLENGED IN COURT

Medical marijuana advocates on Friday filed a lawsuit against
Mendocino County officials over an ordinance that limits the number of
pot plants that can be grown on a parcel of land and where those
parcels can be located.

The county code is unconstitutional because it amends a statewide
ballot initiative," said Jim Hill, the lead plaintiff in the lawsuit
and a member of the Mendocino Medical Marijuana Advisory Board.

The 2008 ordinance limits the number of plants that can be grown per
parcel to 25, regardless of a property's size or how many medical
marijuana patients are involved with a cooperative garden.

The state Compassionate Use Act of 1996 does not place limits on the
amount or marijuana qualified caregivers or patients can reasonably
grow to meet their needs, the lawsuit states.

The lawsuit also takes issue with the ordinance's prohibition on
growing marijuana near schools, parks, bus stops and churches.

Mendocino County Sheriff Tom Allman, who is named in the lawsuit, said
he cannot comment on pending litigation.

Mendocino County Counsel Jeanine Nadel could not be reached for
comment.