Feb 4, 2015 6:16 PM by Brian Johnson
There is a new fight against Butte County's medical marijuana growing rules, as patients file a legal complaint against the county, its supervisors, and the department of development services.
The complaint asks the courts to force Butte County to stop enforcing Measure A by way of a permanent injunction.
It argues the new rules are unconstitutional under California Prop 215, and violates the civil rights of patients' access to medicine.
Today we spoke with both a patient and one of the vocal leaders of Measure A, who says Measure B lost fair and square back in November.
"It's not the amount," said Gina Elder, a plaintiff listed in the complaint, a paraplegic who is confined to a wheelchair. "It's that I would not have the accessibility with my wheelchair to go into that small space and properly maintain a plant from all four sides."
"Yes they did lose in the court of public opinion," Measure A supporter Chris Sommers said. "They wanted an election because they felt that 70% of Butte County wants it legalized. But legalized and regulated are two different things."
Butte County officials had no comment on the complaint today, because the complaint is pending litigation.
Measure A, which regulates grows based on parcel size (with a maximum grow size of 150 square feet), won by an overwhelming margin in November, and became effective last month.