When California legalized recreational cannabis, it allowed people to grow a maximum of six plants for their own use. The state permitted cities and other local authorities to pass their own additional ordinances or regulations to implement the law passed at state level. Some cities, such as Fontana, took this liberty as a chance for them to put such severe restrictions that various aspects of state law, such as home growing, would practically be impossible within their jurisdictions. Someone sued, and a judge has ruled striking down several sections of the Fontana ordinance on cannabis.
The issues in contention were the strict inspection and permitting process for anyone who wanted to grow cannabis at home for his or her own use.
For example, each applicant for a permit had to pay in order to have a background check performed before the home growing license could be issued. The annual permit fees were also high, starting at $411 for the year in which the application was made and then $253 for each year that an approved applicant wanted to continue having a permit to grow marijuana at home.
In addition, applicants had to allow a city official to come and inspect their residence in order to confirm that the property conformed to all city requirements.
The plaintiff argued that the restrictions went against the spirit of the state law which legalized recreational cannabis. For example, the ordinance in Fontana allowed the city to deny an applicant the license to grow marijuana if that applicant had any outstanding city dues.
Additionally, state law didn’t envisage any permitting process for anyone who wanted to grow cannabis at their residence.
It is not surprising that not a single permit has been issued to a Fontana resident to grow cannabis at home so far.
David Cohn, a superior court judge, agreed with the plaintiff and struck down several sections of the city ordinance for being in violation of state law. He explained that the city could not claim to be implementing federal law since it wasn’t a federal entity.
What are the implications of this judgment delivered in the first week of this month? The city authorities have not revealed whether they will appeal against the judgment, but indicators are that they may modify the ordinance while leaving as many restrictions as they can.
Several local authorities have tried to do whatever they can to frustrate marijuana legalization in their jurisdictions. This judgment is likely to make them think twice before they pass restrictions which are “unreasonable” and go against the intention of the enabling state law.
The judgment is also unlikely to be used as a precedent in other cases since it was made by a lower court. However, the case may give other residents the courage to challenge the laws in other localities in case those laws make it very hard for them to enjoy the freedoms given under state law.
As Phivida Holdings Inc. (CSE: VIDA) (OTCQX: PHVAF) and Plus Products Inc. (CSE: PLUS) already know, plenty of time is required to change the mindset of various stakeholders after cannabis is legalized. The prayer is that the adjustment period doesn’t drag on for too long.
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