SIDES WRANGLING OVER POT SUIT

Back and forth arguing is ongoing in a lawsuit between Tehama County
and attorneys representing 10 county residents fighting for the right
to grow marijuana.

The lawsuit was filed with Tehama County Superior Court on June 7 by
J. David Nick and Editte Lerman on behalf of plaintiffs Jason Browne,
Dawn Browne, William Browne, Michael Black, Grant Nott, LIndsay
Crooks, Brian Loucks, Jason Cater, Josh Hall and Thomas Scott.

It is the county's marijuana cultivation ordinance, which regulates
where and how much marijuana a patient or caregiver can grow in the
county, that is under fire. The plaintiffs claim that the ordinance
makes it impossible for them legally to exercise their Proposition
215 right to cultivate medical marijuana for themselves.

Tehama County Counsel Will Murphy said "the burden to sustain such a
challenge is steep," in documents filed with the court on Aug. 31.

"The challenger must demonstrate that the ordinance inevitably poses
a present 'total and fatal conflict with state law,'" Murphy argues.

In the plaintiffs response to Murphy's filing, the attorneys state
the county ordinance is "unconstitutional on their face, and void."

Further court proceedings are pending.

The lawsuit is being financially supported by California NORML, a
pro-medical marijuana group dedicated to reforming California's marijuana laws.

During a meeting in April with potential petitioners, 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 state 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.

The Tehama ordinance, adopted on April 6, 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 acres but less than 160 acres, no more
than 30 mature and 60 immature plants, with no more than 60 total at
one time can be grown, the ordinance states, 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.