CIVIL CASE TARGETS MEDICAL MARIJUANA COOPERATIVES

Tulare County has taken a new step in its approach to control the
proliferation of supposed medical marijuana growing operations in the
county.

On Tuesday, Tulare County Superior Court Judge Paul Vortmann ordered
that operators of a large medical marijuana cooperative near Ivanhoe
shut down by noon Friday or the county will shut it down.

However, the operators of the Foothill Growers Association, Visalia
Compassionate Care Center and Sunshine Farms could appeal the ruling
and have so far not complied with orders to stop operating the
cooperative.

The action is the latest attempt in Tulare County to gain control over
the growing of marijuana, much illegal, said officials.

However, where people show they have "Letters of Recommend" written by
doctors and they are under the limit of plants stated in those
letters, the hands of law enforcement have been tied. Where the
"Letters of Recommend" are forgeries or the number of plants far
exceeds the amount allowed, members of the sheriff's department
narcotics team have been arresting people and destroying the gardens,
like they did Monday and Tuesday near Plainview and in Goshen. In
those two raids more than 2,500 plants were destroyed.

Tulare County Counsel Kathleen Bales-Lange said Tuesday's court order
is the first in what she says will be more to shut down large-scale
marijuana gardens where there are multiple "Letters of Recommend."

"If somebody is growing acres of marijuana and calling it a
collective, it is directed toward that," she said Wednesday of the
effort.

Marijuana gardens have sprung up all over the county and unlike past
years when most were found in the mountains, this year they are on the
Valley floor.

"I've done this many, many years (26 years)," said TCSD Capt. Mike
Boudreaux, "and this is the worst I've ever seen."

He said the civil lawsuit is just another tool they have to shut down
the gardens, but it gets tricky as to what the California Constitution
allows and what it does not allow.

"When we see these we're going to question how California Constitution
applies," he said.

He also said there is a difference between a dispensary and a garden.
A dispensary is where medical marijuana is given to those who have
medical marijuana cards and a collective is where several card holders
have combined to grow the marijuana. The 4,200-plant garden near Terra
Bella had multiple people displaying their "Letters of Recommend," but
the number of plants still far exceeded what was permitted by those
letters.

In his ruling, Vortmann upheld the county ordinance that limits
medical marijuana cooperatives to operate only in areas zoned for
commercial or manufacturing uses. The site in Ivanhoe is in an ag
area, which is not allowed.

Vortmann also ruled that marijuana cooperatives cannot operate in ag
zones.

"In this state, marijuana has never been classified as a crop or
horticultural product. It has been and remains a controlled
substance," he wrote.

However, going the civil route takes time. The county began its civil
action against Foothill Growers Association last November. Bales-Lange
said the process will become shorter, but admitted it can take a month
to six months depending on if the operator fights the order.

Basically, if a cooperative is not operating according to the
ordinance, the proprietor will be given a "cease and desist" order,
said the county counsel. They will then be given time to comply before
the county will file a civil suit "seeking a nuisance abatement."

Bales-Lange said several operations have complied with the "cease and
desist" order and action is pending against others that have not. She
said it is important for the property owners to be aware of what is
occurring on their property.

"The person who owns the property is who is at risk for paying for the
cost to abate the garden," she stressed "It would be in the best
interest of people renting property to be sure it is being used legally."

Boudreaux said deputies are looking at all options to shut down the
gardens. He said the District Attorney is not pursuing growers for not
meeting the part of the county ordinance that requires gardens be
enclosed and secured. The DA does prosecute those who are growing far
more plants than allowed.

He admitted if the grower has the legally allowed number of plants per
the medical marijuana law, there is not a lot the Sheriff's Department
can do.

"It gets very muddy. We must prove they're operating illegally," he
said.

The big concern remains the prospect for violence. On Monday, a home
invasion robbery occurred in Goshen and marijuana was the target of
the thieves. The victim was tied up and gagged, said Boudreaux.