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Mendocino County Won't Enforce Pot Measure
06-03-08|The Press Democrat|By Mike Geniella

Mendocino County's top law enforcement officials announced Wednesday they won't be enforcing a voter-approved crackdown on medical marijuana cultivation.

Citing pending legal challenges to local and state-approved limits, the Sheriff's Office and district attorney said they will temporarily not enforce the plant limits set forth in Measure B.

Instead county law enforcement will continue to allow possession and cultivation of 25 plants. However, in a change of policy, the county limit will apply to the number of plants on a parcel, and not simply the number grown for an individual's use.

The twist is provided in a marijuana ordinance approved by the Board of Supervisors. It also bans growing of marijuana for any reason within 1,000 feet of a school, school bus stop, church, youth-oriented facility or a park.

In effect, county officials said they believe the property standard is independent of the legal issues surrounding individual plant limits.

Medical marijuana advocates are challenging any individual limits on possession, citing Prop. 215, a 1996 statewide initiative that decriminalized marijuana use for medicinal purposes. They contend the initiative didn't specify numbers, stating only that medical marijuana use should be "reasonable" depending on a patient's need.

The decision not to enforce Measure B guidelines stems from a local Superior Court case, which challenges the new limits. It cites a May state appellate court ruling that found state guidelines, which Measure B adopted, were unconstitutional.

Whether state officials plan to challenge the appellate court ruling to the state Supreme Court remains undecided.

While state and local officials struggle with implementing medical marijuana guidelines, federal authorities refuse to recognize their authority. Under federal law, marijuana cultivation and possession for any reason is illegal.

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