Butte County

[XxCaptiankushxX]

Maybe some one could help, a grower Neigbor of mine told me I am eligible to file a suite because we aqquired this property and have vested interest under the old ordinance. Yuba county. I was told if I can get 4 more people who bought properties in the last year to specifically cultivate, they would be eligible for lawsuit as well. With a total of five people who had vested interests in the county based on the old ordinence, we could file a class action suit? Maybe wouldn't be much until 2016, when cultivation becomes state law. But something to consider?

 

[hup234]

Instead of a union you might want to consider a church...some real protections there

 

[mojave green]

Instead of a union you might want to consider a church...some real protections there

^now that is thinking outside the box! they do come with strong protections.
some reading for those interested:

1. No express preemption.
As indicated above, the plain language of the CUA and the MMP is limited in scope. It grants specified persons and groups, when engaged in specified conduct, immunity from prosecution under specified state criminal and nuisance laws pertaining to marijuana. (Mentch, supra, 45 Cal.4th 274, 290; Kruse, supra, 177 Cal.App.4th 1153, 1175.) The CUA makes no mention of medical marijuana cooperatives, collectives, or dispensaries. It merely provides that state laws against the possession and cultivation of marijuana shall not apply to a qualified patient, or the patient’s designated primary caregiver, who possesses or cultivates marijuana for the patient’s personal medical use upon a physician’s recommendation. (§ 11362.5, subd. (d).)
Though the CUA broadly states an aim to “ensure” a “right” of seriously ill persons to “obtain and use” medical marijuana as recommended by a physician
(§ 11362.5, subd. (b)(1)(A)), the initiative statute’s actual objectives, as presented to the voters, were “modest” (Ross, supra, 42 Cal.4th 920, 928), and its substantive provisions created no “broad right to use [medical] marijuana without hindrance or inconvenience” (id., at p. 928; see Kruse, supra, 177 Cal.App.4th 1153, 1163-1164; Urziceanu, supra, 132 Cal.App.4th 747, 773 [CUA created no constitutional right to obtain medical marijuana]). There is no basis to conclude that the CUA expressly preempts local ordinances prohibiting, as a nuisance, the use of property to cooperatively or collectively cultivate and distribute medical marijuana.
The MMP, unlike the CUA, does address, among other things, the collective or cooperative cultivation and distribution of medical marijuana. But the MMP is framed in similarly narrow and modest terms. As pertinent here, it specifies only that qualified patients, identification card holders, and their designated primary caregivers are exempt from prosecution and conviction under enumerated state antimarijuana laws “solely” on the ground that such persons are engaged in the cooperative or collective cultivation, transportation, and distribution of medical marijuana among themselves. (§ 11362.775.)
The MMP’s language no more creates a “broad right” of access to medical marijuana “without hindrance or inconvenience” (Ross, supra, 42 Cal.4th 920, 928) than do the words of the CUA. No provision of the MMP explicitly guarantees the availability of locations where such activities may occur, restricts the broad authority traditionally possessed by local jurisdictions to regulate zoning and land use planning within their borders, or requires local zoning and licensing laws to accommodate the cooperative or collective cultivation and distribution of medical marijuana.7 Hence, there is no ground to conclude that Riverside’s ordinance is expressly preempted by the MMP.8

http://www.canorml.org/medical_marijuana/RiversideRuling.pdf

 

[MrBelvedere]

Ok, butte county residents, please listen to me! I'm very closely ties to the yuba patients coalition and the yuba county growers association;

A) it's harder then you think to get people to donate. You wouldn't believe the responses I got from people that have half million dollar properties and huge grows and didn't want to donate at all! Wtf!

B) we have raised over 70K for the fight and already spent half of it just on legal fees, we took it all the way to the Supreme court and are awaiting to hear back from them wednesday.

C) you can't just sit around waiting for the 1% to do something for you, I'm dead serious, you guys, on this forum, are the activists. You need to form a union ASAP! This is your most powerful tool at the moment!

D) we will be starting a union here if the supreme court doesn't give us a favorable ruling but many people I know want to start one anyways for further protection and preperation for 2016.

E) you can gather signatures for initiatives to fight the BOS and you can start a recall campaign to oust the BOS members.

F) I will be working with nevada county folk and leaders, like their chapters president of the asa, to try and get a union started there. If you guys start a union as well, we can all unite! If we each had atleast 200 members and 5 lawyers, that would then make an intercounty cooperative union with a team of 15 lawyers. We could easily then spread that to other counties!

G) call the god damn ucla! We have called them so many times we have our own case worker there now, megan. They are powerful and can help but so far it's only been talk and no action.

We have been fighting it here in yuba every which way, I do believe we are the only county that took it all the way to the Supreme court. You can blow all the money you want in court and it won't help you most likely. Get a union together, go class action on them! The fact that you guys actually got to do your refferandum, and then lost at the polls, puts you in a situation where courts will not help you. Even if that wasn't the case, they still won't help you after you blew 40k on lawyer fees, as we have experienced here in yuba.

Please listen to me! I know all the coalition and association board members very well, I could probably be a board member too if I wanted to. They are all for the most part very intelligent and seasoned in fighting for medical rights in court as most of them have caught cases previous to this ordinance bullshit. You must unionize. It is your only real hope!

Sorry not trying to harsh your buzz but there are so many things wrong with the post. Nothing wrong with taking things all the way to the Supreme Court.

-Lawyers will take all your money

-You meant ACLU not ucla

- Nothing wrong with Unions, but I think you confused the concept of a "union" with the concepts of activism, movements, cooperation, coalitions, protests, litigation, and maybe communion.

-People with money are likely correct to not throw away money at these notions

Fight locally however you can... but in parallel work the state level. The current CCHI draft will *outlaw any county and local bans on growing*. Any politician or citizen threatening the state-wide right to grow cannabis will be charged with a misdemeanor. Passage of this state-wide initiative will undo any local bans.

Or... support any state or local initiative that has a likely chance of passing and accomplishing what you want...

Flooding the tip system with harm-free addresses would be a good start. It is a weak link in the chain. Just completely flood it with realistic sounding tips with totally harmless realistic addresses to the point the system is unusuable. Where I was raised up that is definetley not snitching, it is working the system so the system doesn't work you.

 

[theJointedOne]

Sacrament gets burnt..praises to Him

 

[Yes4Prop215]

Maybe some one could help, a grower Neigbor of mine told me I am eligible to file a suite because we aqquired this property and have vested interest under the old ordinance. Yuba county. I was told if I can get 4 more people who bought properties in the last year to specifically cultivate, they would be eligible for lawsuit as well. With a total of five people who had vested interests in the county based on the old ordinence, we could file a class action suit? Maybe wouldn't be much until 2016, when cultivation becomes state law. But something to consider?

what purchase dates apply? i like the idea, but damn seems super risky. feel like its practically inviting a compliance check, i feel like with Yubas law its better to fly under the radar. but i like what Yuba has going on and am already following what the YPC is doing. they have it way more together than the sorry excuse Butte is doing.

Fight locally however you can... but in parallel work the state level. The current CCHI draft will *outlaw any county and local bans on growing*. Any politician or citizen threatening the state-wide right to grow cannabis will be charged with a misdemeanor. Passage of this state-wide initiative will undo any local bans.

.

nice to know! thanks for sharing your input on that.

 

[Urbngroz]

My neighborhood got flown by a black chopper last mon and sheriff was there on fri morning with code enforcement. My neighbor with a 80 ft green house got the visit. He got the $500 fine for too many plants (100) along with citations for electrical and plumbing problems. They didn't search the property just asked if he had any guns and told him he had three days to chop. LEO also said it was based on a tip. I think the tipline is already dead except for small gardens in the city pissing off neighbors, now they are just using the helicopter to find gardens up in the hills. If you get flown I would expect them in a day or two a week at most.

 

[Yes4Prop215]

can you PM me the general area urbn? thanks for heads up…i also think they are using the anonymous tip as a bogus way to get inspection warrants. however for the one GH case I've been following, it all started as a tip from a cranky neighbor. then they brought the chopper, then just code enforcement came with inspection request, which was denied and they came back with sheriff SEU and they used the tip, chopper, and visual from gate to get the warrant according to the paperwork.

did they tell him to take down the GH or ask about permits? sheriff came with CE on the first visit??

mother fuckers….

 

[Sunfire]

I'm not positive but I remember from a while ago that you need atleast 1000 members of your church to get any exemptions, like tax. Idk about herb immunities but I feel your church would have to be pretty big to get any clout.

I'm really not sure telling the courts that you bought your property specifically for cultivating will help you at all. I just don't see that going well, atleast not here in yuba, I guarantee the courts will throw that right out.

 

[Sunfire]

Sorry not trying to harsh your buzz but there are so many things wrong with the post. Nothing wrong with taking things all the way to the Supreme Court.
Lol straight up WRONG eh?
-Lawyers will take all your money
unfortunately they are a necessary evil. Do you have a better suggestion for legal council?
-You meant ACLU not ucla
the phone loves to auto correct, clearly I meant the "American Civil liberties union"
- Nothing wrong with Unions, but I think you confused the concept of a "union" with the concepts of activism, movements, cooperation, coalitions, protests, litigation, and maybe communion.
Ummm no I'm not, coalitions arnt helping us anymore. A protest, like for instance occupy, won't don't shit either. If activists, form a union to fight opprrssion, which is exactly wtf they were originally started for, then there can be litigation that leads to movements gaining strength
-People with money are likely correct to not throw away money at these notions
Hmmm well idk how they do it butte county but here in yuba everyone with money is ready to unionize. How are we throwing it away?!? We are banning together collectively to share lawyers fees. That's how a union works. You pay your monthly dues and you get their protection. However because this will be a new union we are going to do a 1 time buy in with adjusted dues to follow once it's figured out what's needed. Dude you have no idea who the ypc board members are, who I am, or the people I know. We are all intelligent people and I've got quite a few older, law savy, experienced and intelligent people extremely interested in unionizing. Clearly your idea of what "people with money" is, is different than mine. I'll gladly fork over 5k, that aint shit, who the fuck are you trying kid?
Fight locally however you can... but in parallel work the state level. The current CCHI draft will *outlaw any county and local bans on growing*. Any politician or citizen threatening the state-wide right to grow cannabis will be charged with a misdemeanor. Passage of this state-wide initiative will undo any local bans.
Im not going to sit around and hope for that, we need action and protection now! After the people vs kelly, it's clear as day these ordinances are in direct violation of state law. The CCHI draft will need to be upheld, by lawyers, paid by who...? Maybe a union or two? The politicians are corrupt and getting away with it. When they last minute changed to an emergency ordinance here in yuba, they violated THREE brown acts and a state law, and it looks like they might get away with it in local court, appellette court, and we will see Wednesday at state supreme court. some needs to pay lawyers to point out in court that the politicians have done something illegal
Or... support any state or local initiative that has a likely chance of passing and accomplishing what you want...
as I said before on this thread, we are filing 4 different initiatives to cut the BOS pay, take away their medical benefits, keep them from selling our ground water back door style, and our own initiative for an herb ordinance. We are also starting a re-call campaign. All this PLUS forming a union!
Flooding the tip system with harm-free addresses would be a good start. It is a weak link in the chain. Just completely flood it with realistic sounding tips with totally harmless realistic addresses to the point the system is unusuable. Where I was raised up that is definetley not snitching, it is working the system so the system doesn't work you.

do you really think this will get you through to October guys? Your going to run out of addresses. Are you going to form a call center and pay people to do this why your out in the fields working? That would be like putting a band-aid on a 6 inch deep festering wound. We need to get surgical with this shit!

 

[mojave green]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1822.50-1822.60

 

[Yes4Prop215]

so basically inspection warrants dont need to have the same credibility as a criminal search warrant. great move on their part, backdoor bullshit.

In addition, the affidavit shall contain either a statement
that consent to inspect has been sought and refused or facts or
circumstances reasonably justifying the failure to seek such consent.
so denying an inspection is just cause for search


1822.52. Cause shall be deemed to exist if either reasonable
legislative or administrative standards for conducting a routine or
area inspection are satisfied with respect to the particular place,
dwelling, structure, premises, or vehicle, or there is reason to
believe that a condition of nonconformity exists with respect to the
particular place, dwelling, structure, premises, or vehicle.

shah reason just to "believe" there is non conformity. mother fuckers…

An inspection pursuant to a warrant shall not be made
by means of forcible entry, except that the judge may expressly
authorize a forcible entry where facts are shown sufficient to create
a reasonable suspicion of a violation of a state or local law
Where prior consent has been sought and
refused, notice that a warrant has been issued must be given at least
24 hours before the warrant is executed, unless the judge finds that
immediate execution is reasonably necessary in the circumstances
shown.

i wonder what would constitute cause for "immediate execution"

so basically just hide and never talk to them, wait for the letter which gives 24 hours then clean house before they arrive?

 

[Sunfire]

There are a few good local attorneys that can be had on retainer for 2 to 5 grand. They will give you a binder with all the info in it as to why they will have to chop and you wont. This will make them think about getting a lawsuit if they chop you because the officer of incident will have to represent themselves in court and may not want to deal with it. This saved a few people in yuba in the past but I think they are getting more confident now and will probably chop you anyways. I for one would videotape the whole incident and them chopping. Maybe she'd some tears for the camera! That would be great evidence if you choose to do battle.

 

[Urbngroz]

can you PM me the general area urbn? thanks for heads up…i also think they are using the anonymous tip as a bogus way to get inspection warrants. however for the one GH case I've been following, it all started as a tip from a cranky neighbor. then they brought the chopper, then just code enforcement came with inspection request, which was denied and they came back with sheriff SEU and they used the tip, chopper, and visual from gate to get the warrant according to the paperwork.

did they tell him to take down the GH or ask about permits? sheriff came with CE on the first visit??

mother fuckers….

Still workin on 50 posts, no pm yet but almost there. They told him the greenhouse was unpermitted and to chop the plants within 72 hours, said they would be back Monday to check. The good thing for my neighbor was the plants were two weeks from being done so they just pulled early. They weren't exactly poster boys for the 215 movement, no permitted well, no septic, sketchy electrical running through trees. No house just a trailer. Sheriff came with code enforcement on first visit but they didn't search the trailer or property. I haven't heard if they came back yet but Im layin low in my spot. Glad I decided to not run my g house this year, better to blend in with the masses runnin full sun.

 

[Sunfire]

Idk about butte but he should look into this...

The now retired head inspector in yuba county told me that if there is a building that does need a permit, like a 10x 12 the electrical and water does not need to be inspected either.

However having bare Romex running over ground is asking for a fire anyways.

The trailer needs a permit if some one is living in it, hopefully they were smart enough to just say it was being stored there.

If their property was zoned ag in any way the permit for a greenhouse is cheap.

If you have no septic, don't let them see your outhouse or that's a 5k fine, even though that's in direct violation of a browns law that says you can have an outhouse.

A gh with an opaque cover will save you from a fly over and a certified letter in the mail, full sun will not unless you employ a green screen.

 

[oldCounty]

sheriff came with CE on the first visit??

The sheriff was out there on the 2 visits that I know about also. First visit. I've heard talk that the sheriff comes with CE pretty often, maybe always?

 

[Urbngroz]

The sheriff was out there on the 2 visits that I know about also. First visit. I've heard talk that the sheriff comes with CE pretty often, maybe always?

I bet when they come up in the hills they always have back up, I know I wouldn't go trampling over peoples rights in the middle of no where without it if I was inclined to do so, which Im not, Id rather get a job at Walmart first.

 

[Yes4Prop215]

I've heard both, for the viewcrest bust CE came out to that hillside without sheriff, straight up walked into several properties that had gates open. Two Dudes in black polis and khakis. They pressured the growers at the gate to let them in, and we're denied. They came back next day with warrant and SEU which are the sheriffs in the unmarked Ford F-150 trucks that are all decked out in camo and bulletproof vests.

Also saw a god damn armored vehicle driving on forbestown last week at 8am with 2 ford explorers behind it. They were coming from wayyy up the hill past the challenge cutoff, wonder what they were doing up that far. I have heard confirmed CE visits as far as forbestown which is crazy because that's at the edge of the county damn near Yuba.

Mother fuckers...

 

[plastochron]

There are a few good local attorneys that can be had on retainer for 2 to 5 grand. They will give you a binder with all the info in it as to why they will have to chop and you wont. This will make them think about getting a lawsuit if they chop you because the officer of incident will have to represent themselves in court and may not want to deal with it. This saved a few people in yuba in the past but I think they are getting more confident now and will probably chop you anyways. I for one would videotape the whole incident and them chopping. Maybe she'd some tears for the camera! That would be great evidence if you choose to do battle.

We should find the best one, all split the cost, and photocopy the binder.

 

[mapinguari]

"So it came in a complaint as far as somebody was seeing it lit up at night."
[/I]

Dang, don't growers realize that you don't need to run your supp lighting more than a few minutes to prevent early flowering?