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The Mendocino County Board of Supervisors passed revisions to the County's Uniform Nuisance Abatement Procedure, MCC 8.75, by a 4 to 1 vote with Chairman John Pinches opposing, at the September 1st meeting.
These revisions were opposed by the Mendocino Medical Marijuana Advisory Board as well as the Medical Marijuana Patient's Union and property rights advocates.
Mendocino County Code 8.75 is the enforcement mechanism of the County's 25 plants per parcel limit for medical marijuana plants, Mendocino County Code 9.31.
Citizens have less rights under Administrative law such as this than is the case in a criminal prosecution and an unabated officially noticed nuisance creates automatic monetary penalties which accrue against the title of property, with the same standing as tax liens.
The first offense penalty ranges from $25 to $100 per day, at county 'discretion', per nuisance. An Appeal costs approximately a thousand dollars in fees just to file.
County Counsel Jeanine Nadel also added a Misdemeanor arrest authorization in the 8.75 revision, however the Board inserted an exception from that penalty in the case of 9.31 enforcement.
The Board refused MMMAB's written request to remove this item from the Consent Calendar, made by MMMAB due to the controversial nature of the proposed revisions which had passed 3-2 in the first reading, with Supervisors Colfax and Pinches opposing passage.
MMMAB has consistently objected to a public nuisance ordinance as an enforcement mechanism in relation to medical marijuana, believing such to contain numerous Constitutional Rights and Civil Liberties violations as well as conflicts with California State law, and continues in that objection.
No other California jurisdiction that we are aware of has regulation of medical marijuana, dispensaries or collectives and co-operatives linked to a public nuisance ordinance as an enforcement mechanism.
Learn more at http://mmab.net
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