Fresno County passes temporary ban on outdoor marijuana gardens
FRESNO, Calif. (KFSN) -- Outdoor marijuana gardens are now illegal in Fresno County. The county supervisors took emergency action to place a moratorium, in effect, a ban on outdoor gardens of medicinal marijuana.
Supervisor Henry Perea questioned the medicinal need for the gardens that have appeared throughout the county. "This is a racket it's not people using marijuana for medicinal purposes. They have figured out a way to abuse a well intended law." he said.
There have been four reports of gunfire at medicinal marijuana gardens in recent weeks. One man was shot and killed while allegedly stealing pot from a garden in Central Fresno. The marijuana grower who shot him is facing murder charges.
Legal providers like Shannon Luce told the supervisors it's unfair to punish them because of the shootings. "How about we place a moratorium on criminals. What kind of precedent are we setting by martyring criminals and punishing law abiding citizens." she said.
Despite pleas from growers, the board acted on advice from the county counsel, and voted unanimously for a 45 day moratorium on outdoor pot growing. Supervisor Perea believes it means growers can move their plants inside, or lose their crop. "I would advise them to take them down today or tomorrow because we are going to come after them."
But Fresno County Sheriff Margaret Mims said no raids are imminent. "This afternoon there will no be deputies out pulling up marijuana plants."
Sheriff Mims says she supports the supervisor's actions, but says too many cities and counties have been sued and forced to compensate marijuana growers for confiscated plants. "A lawsuit could be financially severe in Fresno County so before we take any action we will be sure we're on solid legal ground." she said.
Well known marijuana defense attorney Bill McPike believes the county is on shaky legal ground. He thinks the county's action is just for show. He says the moratorium is unenforceable, and will be challenged in court. "It's so blatantly unconstitutional. I don't care what the county counsel said, I wasn't there, I disagree and we're willing to fight for patient rights." McPike said.
"The city of Fresno is expected to consider a similar moratorium this week. All this political activity comes as the marijuana harvest is underway. So it's very likely all of the plants growing now will be harvested if, and when before law enforcement gets the chance to pull them up.
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