POT GROWERS FILE CLASS-ACTION LAWSUIT AGAINST TEHAMA COUNTY

If there is power in numbers, area pot growers have filed a powerful
lawsuit against Tehama County.

The lawsuit was filed recently by local medical marijuana patients
against Tehama County's marijuana cultivation ordinance, which
regulates where and how much marijuana a patient or caregiver can
grow in the county.

The plaintiffs claim that the ordinance makes it impossible for them
to legally exercise their Proposition 215 right to cultivate medical
marijuana for themselves, according to a statement released by the
law firm of E.D. Lerman and J. David Nick, which filed the suit in
Tehama County Superior Court.

The exact number of plaintiffs was not known immediately. However,
hundreds of people signed up to be part of the lawsuit at a
informational meeting held by the law firm in April.

Financially supported by California NORML, a pro-medical marijuana
group dedicated to reforming California's marijuana laws, the
lawsuit asks to strike down the county ordinance.

At the April meeting, Lerman told the group to expect a "long haul,"
and she anticipates that whichever way the lawsuit is settled - for
the plaintiffs or for the county - it will be appealed and could
possibly go as far as the Supreme Court.

The attorney also told the group to start raising money to cover
some of the cost the lawsuit will incur.

"They can't take everyone's rights away," Lerman said. "California
law states (medicinal marijuana) patients can have whatever they
need for themselves and for collectives."

Tehama County Supervisor Bob Williams, who introduced the ordinance,
said he had anticipated something like this taking place.

"They threatened this all along, through the whole process. I stand
by the ordinance and what it means to the county. Other than that,
because of the litigation, I can't say much," Williams said.

"I am all about this. They aren't taking my rights away," medical
marijuana patient Kenny Kunselman of Rancho Tehama, said.

According to Kathy Prather, co-owner/operator of Tehama Herbal
Collective, a medical marijuana shop in Corning, there are more than
3,600 people in the county who hold recommendations for medicinal marijuana.

The Tehama ordinance declares it a public nuisance to grow marijuana
anywhere within 1,000 feet of a school, school bus stop, church,
park, or youth-oriented facility.

It also states no more than 12 mature or 24 immature marijuana
plants can be grown in an area 20 acres or less, and if both mature
and immature plants are growing there shall be no more than 24
total; in an area greater than 20 but less than 160 acres no
more than 30 mature and 60 immature plants, with no more than 60
total at one time; and in an area 160 acres or greater no more than
99 plants, whether mature or immature.

The ordinance requires outdoor gardens be surrounded by an opaque
fence at least six feet high and located 100 feet or more from the
property boundaries; and requires every patient garden to be
registered with the county health services agency.

In another lawsuit filed by Lerman and Nick, Mendocino County
medical marijuana patients are challenging an ordinance that limits
patient cultivation to 25 plants per parcel, regardless of the
number of patients. The ordinance was recently amended to let
collectives apply for licenses for larger gardens of up to 99
plants under certain conditions.