Pot advocates seek to overturn Shasta County ban

Jan 29, 2014 7:20 PM

Shasta County's decision to outlaw outdoor medical marijuana grows is prompting some members of the community to take legal action.

The Board of Supervisors voted to ban all outdoor grows and restrict indoor grows to 12 plants, an even more restrictive ordinance than the Planning Commission had recommended.

"Most of the impacts were derived from outdoor cultivation where it's visible, or the smell is so prominent that you can tell where it's coming from, and that would attract elements to the community and to the neighborhood that were unwelcome," said Richard Simon, the Director of the Shasta County Resource Management department.

The board stressed that their priority is the rights of property owners to not have marijuana growing in their neighborhood.

"As Supervisor Moty eloquently pointed out, the issue before the supervisors was how to change the zoning ordinance to regulate land use, it wasn't about the efficacy of medical marijuana as a medicine," Simon said.

Michael Scheibli is an attorney in Redding whose clients include medical marijuana growers.

He is in the process of helping them put together a lawsuit to prevent the county from enforcing the ban.

"The problem is they restricted it to each individual, and they created this situation where it has to be in an outbuilding, it has to be lockable, it has to have this, it has to have that, and you have to give up your fourth amendment rights. And they're not going to give up their fourth amendment rights, why should they?" Scheibli said.

The law will go into effect 30 days from when the decision was made.


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