Right from the start, the city of Fontana, CA might have doomed its attempt to enforce an ordinance that would harshly control homegrown marijuana cultivation. Prior to the Fontana vote back in January 2017, Ken Hunt (the city manager) informed city council members that this ordinance would be restrictive, not permissive. In other words, lawmakers would be placing a chokehold on homegrown marijuana. However, on November 2, 2018, Judge David Cohn (Superior Court of California) cut down the ordinance and its restrictive elements including ridiculously high permit fees and a home inspection from city officials. So what were the specifics of this law and what was the final ruling? Let’s take a closer look at how a California Superior Court Judge ruled in favor of homegrown marijuana.
Proposition 64
Needless to say, California has scooted back and forth from progressive marijuana laws to restrictive regulation (as seen in the statewide NIMBY policy). Nevertheless, this new regulation was destined to cause problems from the start, as William Freeman (senior counsel for the American Civil Liberties Union of California) explained.
Known as the Adult Use of Marijuana Act, Proposition 64 was specific and rigorous. Unlike the laws in the state of Washington, this ordinance would allow people to grow pot in their residential homes across the state. Overall, adults could only cultivate 6 plants at a time. Nevertheless, based on ordinance rules, a resident would be required to purchase a license, but this courtesy would not extend to individuals who owed a large fine to a city or was convicted of a felony for drug possession (past 5 years at minimum). Likewise, Proposition 64 required people to agree for a city inspector to investigate growing materials and undergo background checks.
What Does This Mean?
While we cannot determine if Judge Cohn’s ruling will ultimately influence how other local California governments attempt to restrict marijuana, Joe Rogoway (a cannabis attorney) explains that it is highly unlikely the decision will leave an impact. Why is this so? Due to the fact this ruling took place in a lower state court, it will not predetermine future rulings across California (or the country, for that matter). However, Tamar Todd (director of legal affairs for the Drug Policy Alliance) believes Judge Cohn’s ruling could influence local officials.
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