ASA in Lake County— Group from Lakeport gathered in front of City Hall.  Oaksterdam Media photo by David McCullick

On Tuesday, June 5, 2007 several supporters of medical marijuana gathered outside of the Lakeport City Hall to call for legal safe access to their medicine. The action was a low-key non-aggressive demonstration in response to the city’s recent ordinance banning the cultivation of medical marijuana in the city limits both inside and outside.

Organized by the new Lake County Americans for Safe Access chapter leader Donna Serna, the group gathered in front of the City Hall building with their signs for a short time and then walked about two blocks up the road to a four way intersection and finished the demonstration there. It was encouraging and exciting to see the passerby waiving and honking in support of the cause. 

Due to take effect April 6, of this year the ban would make it illegal to grow your medicine in the city of Lakeport even if you wanted to grow in your own home. This is the first attempt by a California city to deny the right to cultivation guaranteed under Prop. 215. In a city that has no medical marijuana dispensaries, and showing no sign of allowing one anytime soon, this would have a serious adverse impact on the local patients and their families. For many, driving around the lake to the nearest dispensary, is an additional burden and hurdle that would have to be overcome and for some it is just impossible.

While the ordinance was passed by the city council over of the protest of patients and advocates, including myself, the city has taken a wait and see approach up to this point. They have not yet started to enforce the ban since it passed. This seems to be due to the fact that the city has since entered negotiations with representatives of Cal NORML who are working to get the ordinance repealed and have threatened to file suit against the city. It appears that the City Attorney is now thinking that the ordinance was rushed through and may not be in compliance with state law.

In a letter to the Lakeport City attorney, California NORML attorney William Panzer warned that the ordinance would likely cause "irreparable harm to lawful medical cannabis patients living in Lakeport." State law SB 420 (Health & Safety Code Section 11362.77) specifies that cities and counties may not impose limits on cultivation below the statewide default standard (6 mature or 12 immature plants). The State Supreme Court reaffirmed that these were minimal limits in People v. Wright. The letter warns that Lakeport patients are prepared to file suit against the city if it tries to enforce the ban on cultivation. The Lakeport ordinance, which was enacted at the urging of the local police chief, declares that the smell of marijuana plants poses a public nuisance, offending the noses of neighbors and potentially attracting robbers.

“There is no public health risk associated with the smell of blooming cannabis” I replied at the City Council meeting. “That is a poor excuse for enacting such a life threatening ordinance ” I said. “By that logic if I am offended by my neighbors roses or tulips you must then ban them as well ”.  I went on to state that “If you do go ahead with this ban then one option would be to have the city provide a suitable location, owned by the city, that the patients could use to collectively cultivate their medicine. Make it a fenced secure location to discourage potential theft or vandalism”.

"If the city of Lakeport tries to counter our given state rights, then they should also take the responsibility of providing medical marijuana to approved users, either free of charge, or fully reimburse purchases of it," said local patient Howard ‘Duke’ Holtz.

The only logical thing that the city can do is to repeal or re-write the ordinance because it is indeed in violation of State law. The night of the ASA demonstration I got word from one of the local news writers that the City Attorney was indeed going to inform the city council, in closed session, that they may need to put it back on the agenda to take a closer look at it.

Needless to say this is a very important case that is being watched by cities and counties around the state. If we stand by and allow this violation of state law to proceed then we are all in trouble. I will be following this very closely as will Cal NORML, Americans for Safe Access and many other advocacy groups. I will keep you posted.