Pubdate: Thu, 25 Sep 2014
Source: Fresno Bee, The (CA)
Copyright: 2014 The Fresno Bee
Contact:  http://www.fresnobee.com/
Details: http://www.mapinc.org/media/161
Note: Does not publish letters from outside their circulation area.
Author: Bonhia Lee

FRESNO COUNTY MEDICAL MARIJUANA BAN GOING TO TRIAL

A lawsuit filed against Fresno County by a woman who was fined 
$43,000 for growing medical marijuana will go to trial.

At issue is whether the removal of marijuana plants within the 
state's 15-day grace period can be considered a public nuisance and 
subject to a hefty fine.

Fresno County's medical marijuana ban went into effect in February 
outlawing all cultivation indoors and outdoors. There is a $1,000 fee 
per plant and 10% interest per month for any unpaid portion of the fine.

Brenda Linder, the lawyer representing Phaeth Holapatiphone and 
several other growers filing appeals with the Fresno County Board of 
Supervisors, said the notice is defective if growers are not allowed 
time to dispose of plants.

Fresno County Superior Court Judge Dale Ikeda questioned the process as well.

"Seems to me the county thinks the county can abate nuisance and 
remove the marijuana plants without giving the property owner, 
cultivator, an opportunity to abate," Ikeda said. "What's the point 
of the 15-day notice?

Fresno County supervisors hired an Orange County law firm to defend 
them in lawsuits. The trial is scheduled for Nov. 19.
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MAP posted-by: Jay Bergstrom