Fresno, CA – Medical Marijuana growers in Fresno County received bad news this week when a County judge says that law enforcement can shut down outdoor gardens. The ban was put into effect two months ago, at the height of growing season, but a temporary restraining order against the ban was issued after attorney Brenda Lindler filed suit on behalf of four collectives and and individual medical marijuana user.
Superior Court Judge Jeff Hamilton ruled this week that the Board of Supervisors decision on Sept. 14 to ban outdoor pot gardens is valid. Fresno County Supervisor, Henry Perea who imposed the ban said that he feels the judge sent a strong message to medical marijuana growers in Fresno that counties have the right to create land use regulations, even in your backyard garden.
According to the Fresno Bee, the judge criticized county officials for failing to explain why it was so urgent to ban the gardens, noting California voters approved the medical marijuana law 14 years ago.The judge asked county lawyer Jeffrey Dunn where patients were supposed to get their pot, in his words, “From the medicinal-marijuana fairy?
The judge did allow patients and growers until November 30th to get their plants out of the ground which should be the end of the outdoor growing season. Patients took little comfort in that, saying that moving a garden inside is expensive, sometimes dangerous and is no comparison to mother nature.