Pubdate: Thu, 14 Jun 2012
Source: San Gabriel Valley Tribune (CA)
Copyright: 2012 San Gabriel Valley Tribune
Contact: http://www.sgvtribune.com/writealetter
Website: http://www.sgvtribune.com/
Details: http://www.mapinc.org/media/3725
Author: Wes Woods II

SAN BERNARDINO COUNTY BAN ON OUTDOOR CULTIVATION CHALLENGED

A Riverside attorney plans to take a novel approach to overturn San 
Bernardino County's medical-marijuana ordinance.

Letitia Pepper, attorney and director of Crusaders for Patients' 
Rights, will argue the ban violates the California Environmental 
Quality Act, which more often is used to determine the environmental 
impact of a development.

The Board of Supervisors approved an ordinance in March 2011 to ban 
medical-marijuana dispensaries in unincorporated areas and to limit 
cultivation of marijuana by valid patients to indoors only.

A lawsuit filed by Pepper challenging the county's ban is scheduled 
for an 11 a.m. hearing Friday at San Bernardino Superior Court, 303 
W. Third St., San Bernardino.

"This is the first lawsuit under CEQA I'm aware of that's been 
filed," Pepper said.

The lawsuit was filed shortly after the county adopted its ordinance.

"There's no possible way anyone could see it not having an impact on 
the environment," Pepper said of her lawsuit, which will show the 
county's ordinance has had an impact on the physical environment.

"If you can imagine the county adopting an ordinance where they 
banned all pharmacies ... where people would look for a Rite Aid or 
Walgreens and they're banned. That's an impact on the physical 
environment. Instead of pharmacies, they're getting rid of 
dispensaries. People have a right to use medical cannabis rather than 
prescription drugs. They have a choice."

California voters in 1996 approved Proposition 215, which allows 
people with a medical need for marijuana to use it. Federal law bans the usage.

Pepper said she has asked for medical-marijuana patients to attend 
the hearing so the judge can see the support out there for the issue.

Lanny Swerdlow, Marijuana Anti-Prohibition Project member, said he 
expects at least 20 medical-marijuana patients to attend.
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