Butte County

[Sunfire]

The government is well aware of the money we contribute to the local economy. This is why lobbyists representing large businesses are leaning on the politicians. They want to corner and control the market for 2016. It's very basic and simple capitalism. I can explain in more detail if needed. Funny thing is every time we'd get flown in the past I always just joked and said "oh they're just taking inventory." Lmao turns out that was true maybe.

Once again it's dependent on county for sure. Yuba has no money at all. The code enforcement here is such a joke outside of mmj. Here's a story...my neighbors driveway was a joke, clearly not right and the run off was spreading mud all over the road. The county started calling me by mistake. I called them back and the lady straight thanked me and said no one ever calls back. I explained the situation and stated it wasn't me. She asked some questions about my own driveway and I admitted I had not the proper drainage or an encroachment permit. She said she'd waive the 125$ permit fee if I went and put a culvert in and made it proper. I did it the next day and called her back and she said ok we will come take a look. That was three years ago now and no word back. They did look at the neighbors driveway and told them to move the gate back 30 feet from the road and dig up and expose their old culvert and clean the mud off the road. Then they said they will take it from there and fix the culvert and lead in for the drainage. I went over with the tractor and helped them install the new gate and clean up the mess. They never came back out and that was 2 years ago. Sooo may people in yuba have "illegal" structures and the word up at the little local hardware store is that no one gets permits out here.

 

[CanniDo Cowboy]

Unfortunately, no big surprise with this. Imagine if the judge had ruled in the Oro 4's favor. The county powers-that-think-they-be would have had him quietly run out of town for making them all look...stupid. And the Oro 4's lawyer? Cha-ching, cha-ching I guess...cc

http://www.actionnewsnow.com/news/judge-dismisses-measure-a-lawsuit/


12 hours 25 minutes ago by News Staff
Measure A remains in effect in Butte County now that a judge has dismissed a lawsuit filed by four medical marijuana patients.

The suit, which challenged the county's new voter-approved rules on growing medical pot, was filed earlier this year.

Plaintiffs argued the county had no legal standing to enforce the rules. They also argued that Measure A violated their equal protection rights.

Measure A, approved by more than 60 percent of voters in November, allows residents to grow marijuana outside or indoors, but on a plot no larger than 150 square feet.

In Thursday's ruling the judge noted that the rules allow equal protection since all residents are being treated equally under the new rules

 

[Backyard Farmer]

Lol they used psi haze argument to deny the case

 

[CanniDo Cowboy]

"In Thursday's ruling the judge noted that the rules allow equal protection since all residents are being treated equally under the new rules..."

I dont get the above statement...Prop A supporters are guaranteed protection under the ruling while the 215ers get nothing to protect. So beyond that, why even mention equal treatment ......? cc

 

[Yes4Prop215]

Lol they used psi haze argument to deny the case

and thats stupid because it does not take into account collective grows. many many patients are too old or do not have the means to grow for themselves. now the collective grows that used to serve them will no longer be able to. and now that each property can only grow 50-150sq ft there will be no excess for real patients. the closest dispensaries are in sacramento, 1.5 hours away. in an effort to clamp down on the blatant, BHO blasting rogue growers, they are catching up many normal otherwise law abiding users and growers in the process.


BYF I'm praying to god that I'm interpreting your latest posts wrong on this issue. i don't find this any kind of matter to "lol" about. especially considering that our mutual friend here that we had dinner with last year was just served a check earlier this week, they illegally went around his gate when he wasn't home and now he has to chop everything and fire sale the property at a loss. Both of my properties sit empty as well while i pursue other things in other counties. I know several other properties that sit empty as well. Dozens of people who relied on us for hourly work and for meds are now shit out of luck. Another friend in our area with a 1000 patient collective including people with cancer and every disease or medical condition known to man has been forced to shut down as well and he had one of the smallest grows in the entire county only a 10x30 GH. he has the money to pack up and leave but most of his patients don't, they will have to stay here and deal with this draconian law. i can't help but remember your comments in private about this issue earlier this year, please tell me i am reading you wrong.

psi haze is a piece of shit coward and threatened to snitch on me and this thread. he said he had no problem going to the sheriff giving them access on this thread, i have the PMs still saved where he threatened this. there were two calls in the sheriff logs last week, one was marked "TXED TO SEU" (but one day before we "talked") and the other was about Facebook harassment and then the caller threatened to eat the 911 dispatchers babies. i wonder which one was psi haze if he really called the cops.

 

[Yes4Prop215]

5-12 Tuesday
Recheck at Condor/RedTape Oroville
Condor rd (marked as Location 2)
Palermo Honcut/Brown Ave, Palermo
Fulton/Messina, Palermo
6 checks at Undisclosed Address (they are hiding several of the MORD reports now, i wonder why...)
Black Bart Rd, Oroville
Eagle Vista Dr, Oroville

5/13
8 visits at undisclosed addresses between 830am-330pm, judging by officer involved i believe to be east oroville area. also i believe they might be hiding the addys because no contact was made with property owners, aka they show up to try and serve inspection request but no body home.
2 separate checks on Mather Ln/ Hershel Ln, Oroville

5/14
2 checks before 9am, believed to be lower oroville foothills judging by officer involved. could also be rechecks
hwy 99/ Hollis ln, Gridley
hwy 99, riviera rd, Gridley
10 checks undisclosed location up to 3pm, same officer as before (i confirmed one of these to be a friend for a recheck) (another was confirmed to be a friend who was not home, but they went around his gate and issued written citation, however no address listed in logs)
Elams Ranch/Wicks, Oroville

 

[theJointedOne]

curious if there waiting to head north (where there are some big time grows) , kinda leading them on making them think it's all good right now...until those gardens have big flower...then the pigs come in ..and the owners are much more inclined to wait out the harvest and stack fines and pay a hefty fee...

its your classic shakedown 101

 

[milkyjoe]

Somebody is paying to create fire sale land...this ain't about morals. Something evil is coming

 

[Backyard Farmer]

and thats stupid because it does not take into account collective grows. many many patients are too old or do not have the means to grow for themselves. now the collective grows that used to serve them will no longer be able to. and now that each property can only grow 50-150sq ft there will be no excess for real patients. the closest dispensaries are in sacramento, 1.5 hours away. in an effort to clamp down on the blatant, BHO blasting rogue growers, they are catching up many normal otherwise law abiding users and growers in the process.


BYF I'm praying to god that I'm interpreting your latest posts wrong on this issue. i don't find this any kind of matter to "lol" about. especially considering that our mutual friend here that we had dinner with last year was just served a check earlier this week, they illegally went around his gate when he wasn't home and now he has to chop everything and fire sale the property at a loss. Both of my properties sit empty as well while i pursue other things in other counties. I know several other properties that sit empty as well. Dozens of people who relied on us for hourly work and for meds are now shit out of luck. Another friend in our area with a 1000 patient collective including people with cancer and every disease or medical condition known to man has been forced to shut down as well and he had one of the smallest grows in the entire county only a 10x30 GH. he has the money to pack up and leave but most of his patients don't, they will have to stay here and deal with this draconian law. i can't help but remember your comments in private about this issue earlier this year, please tell me i am reading you wrong.

psi haze is a piece of shit coward and threatened to snitch on me and this thread. he said he had no problem going to the sheriff giving them access on this thread, i have the PMs still saved where he threatened this. there were two calls in the sheriff logs last week, one was marked "TXED TO SEU" (but one day before we "talked") and the other was about Facebook harassment and then the caller threatened to eat the 911 dispatchers babies. i wonder which one was psi haze if he really called the cops.

It was a LOL of Irony that the judge used the same logic that some one as crazy as PSI Haze would use.

It's funny to me that a Judge would have the same line of thinking that PSI Haze would have, when it's judges that we HOPE to have an objective and logical perspective on matter...

As CanniDo Cowboy said, there is ZERO equal protection, because all 215 patients are being forced in to the measure A column, weather or not they want to...as you said, staying in side 150 sq ft gets you no check, but if you have the garden you're legally allowed to have under state law, then you're in the column that needs to be EQUALIZED down to measure A...

The fucking irony is funny.

Not the situation...I actually talked to the homie yesterday and he told me all about it. I was really sad to hear.

 

[plastochron]

has anyone heard a rumor that citations given before june 1 will be more significant than after or that after june 1 they won't be doling out citations? sounds like bs to me but i heard it from a coupe people.

 

[CanniDo Cowboy]

Here's a more accurate and informative reporting job regarding the Oro 4 ruling...BTW, in this report, the Council representing the County is said to have stated - "the rules allow equal protection since all residents are being treated equally under the new rules...", not the judge. Makes more sense. For a judge to say that could be interpreted as a personal opinion which could be considered biased, I would think. For the county? Typical. Piss down my back and tell me its just rain...

On the overall of the article, it pretty much shows an organized effort by Butte County to cite any and all cultivation violations they can find up to and including something mindless as EXTENSION CORDS. The marijuana related inspections/infractions are just the tip of the County iceberg. Beneath the surface lies their real bonanza and I believe more of their real goal - Property violations=fines=permit fee revenue. What a hustle...cc

http://www.chicoer.com/general-news/20150513/judge-dismisses-lawsuit-against-butte-county-measure-regulating-size-of-marijuana-grows?source=most_viewed


Judge dismisses lawsuit against Butte County measure regulating size of marijuana grows
By Ryan Olson, Chico Enterprise-Record
POSTED: 05/13/15, 5:55 PM PDT | 6 COMMENTS
Chico >> A judge has dismissed a lawsuit filed by four medical marijuana patients against Butte County over Measure A, which regulates the physical size of cannabis grows.

On Wednesday, a Butte County Superior Court judge sustained the county’s demurrer challenging the sufficiency of the case, according to county counsel Bruce Alpert.

He said the judge dismissed the case without the ability to further amend the complaint.

“We’re very pleased with the court’s decision,” Alpert said. “We felt we were on solid legal ground.”

The plaintiffs’ attorney, Scot Candell of San Rafael, said he was surprised by the judge’s ruling because the law is clear about how a judge’s interpretation of a voter initiative like Measure A must be based on the language of the initiative itself.

In February, plaintiffs Donald Ehrsam, Gina Endler, Douglas Gunning and Raymond Sperry filed suit, alleging that Measure A was unlawful and prevents them and some family members from obtaining sufficient cannabis to meet their medical needs.

The county first sought a demurrer to dismiss the case because the complaint didn’t specify any cause of action. That was deemed moot after the plaintiffs filed an amended complaint.

GROW SIZES AN ISSUE

For the second demurrer, Candell said one issue was that Measure A violates residents’ equal protection rights. He said the judge sided with the county’s argument that everyone was treated equally because each patient can grow in areas up to 50 square feet.

Candell said he wanted to review a transcript of the proceeding. He suggested there may be no upper limit on how many patients may grow individual 50-square-foot plots on a property.

Alpert said the plaintiffs had suggested a very tortured understanding of the measure, which was approved by 60 percent of voters last year. Individual patients may grow on a 50-square-foot plot, but the total size of the grow on a property is limited by parcel size.

In unincorporated Butte County, properties of a half-acre or less may have an indoor growing area of up to 120 square feet. Indoor or outdoor growing areas may be allowed on larger properties, ranging from 50 square feet for parcels less than 5 acres to 150 square feet for lots 10 acres or larger.

NEXT STEPS

Candell said the plaintiffs were still considering their options following Wednesday’s ruling. He said it is possible to seek an appeal with the 3rd District Court of Appeal, but there may be issues regarding how the county is enforcing Measure A.


Candell said he’s heard complaints regarding enforcement, including officers coming on to properties without a warrant. He said that could be a federal constitutional issue.

Alpert said the county is vigorously enforcing the ordinance. Regarding searches, he said the county is obtaining inspection warrants, which are granted by a judge after considering probable cause.

The total number of Measure A cases has increased through the spring. On May 5, development services director Tim Snellings told the county Board of Supervisors that there were 210 total cases as of May 1, mostly in the Oroville area. That is a significant increase from the 74 cases before April 7.

About 10 percent of cases have resulted in citations, but about 60 percent of the cases are inactive.

Last year, the county received 176 complaints.

According to a code enforcement officer, issues at sites include facilities that don’t have required permits, including greenhouses, structures, experimental water wells and extension cords. Some growers also don’t have a notarized letter from the property owner granting permission to grow on the site.

 

[Sunfire]

Idk what to say, except what I've said before. You guys had refferandum. The civil and privacy violations suck for sure. I would focus on that if I were the people steering the lawyer.

 

[Yes4Prop215]

I asked Rob about the 4th amendment violations and there are several issues that work in the CE/BCSO favor namely open field doctrine (which was mentioned earlier) where they can go into properties that are open, the only real expectation of privacy is a fenced backyard within an open field plot, they are still allowed to try and look over or through a hole though. Also they arrnt actually going into people's houses or sheds and that's really where the 4th applies. There are actual case laws that give them precedent to do this which is terrible.


Also cops have a liability issue where they can basically be absolved of any wrong doing if they had "reason to believe" they were doing the right thing. Same reason all these killer cops get off with murdering people Like eric Gardner, they can make up excuses afterwards that would make a judge side in their favor.

Wish there was a way to do more but at this point with buttes terrible organization it all comes down to the waiting game. Hopefully they run out of money soon, and the rest of us with some coin saved up will be moving out I feel bad for the ones who have to stay here in this oppressive county.

 

[furrywall11]

Does anyone know if the code enforcement officers are actually allowed to go into your outbuildings and home on a compliance check? Or do they try even though it's illegal? I mean what if you have a huge workshop on the back corner of your property with blacked out windows--will they try to get in there or just the greenhouses and fenced in grow space?

 

[tankerton]

Does anyone know if the code enforcement officers are actually allowed to go into your outbuildings and home on a compliance check? Or do they try even though it's illegal? I mean what if you have a huge workshop on the back corner of your property with blacked out windows--will they try to get in there or just the greenhouses and fenced in grow space?

The administrative search warrant will give them access to everything.

 

[tankerton]

They disassembled the gate to my 40 acre cattle ranch with a house with no warrant. When the tenant asked them how they got through the gate they and laughed at him and said " we took it apart, it was real easy." He said that it didn't sound legal and they laughed at him and said "try proving it". My tenant said they were searching in the greenhouse when he looked out the window. More people need to come forward who have had this happen to them so we can sue in federal court. If I only had a security camera it would have been a slam dunk. They also cut the power to a mighty mule and disamssembled it at the beginning of a 6 mile road that services doZens of properties down the road. I have an even better one than that. Where they cut the mighty mule they went to one guys house and ticketed him for illegal structures that D.A. Mike Ramsey's son in law and daughter put up, where they had been growing for years before they sold high last year. This county is corrupt but unfortunately because a lot of growers are from out of town they are too scared to do anything about it and it's easier to walk away.

 

[Mad Lab]

No reports from north of O area yet? Concow,etc?

 

[furrywall11]

Can you clarify what an administrative search warrant is?

Code enforcement is leaving notes on gates all up and down my road and when called they try and setup and appointment to check to see if you're compliant.. Wondering if inviting them over if you're conpliant might actually be a smart move. I am in Yuba County tho, where they aren't quite so emboldened..

 

[tankerton]

Can you clarify what an administrative search warrant is?

Code enforcement is leaving notes on gates all up and down my road and when called they try and setup and appointment to check to see if you're compliant.. Wondering if inviting them over if you're conpliant might actually be a smart move. I am in Yuba County tho, where they aren't quite so emboldened..

They aren't trying to do you any favors even if you think your compliant they will find something to cite you for. https://answers.yahoo.com/question/index?qid=20100325215409AA0giAI

 

[Yes4Prop215]

the process starts with "inspection request" or inspection contact. they do not just show up and issue an inspection warrant right off the bat. according to the wording in the ordinance, they have to try at least 3 times to contact the property owner and show proof of this, through certified mail as well.

usually they will sit at the gate and honk the horns and get you to come out and make contact. once that happens, they can use any evidence from that encounter for an inspection warrant. now generally, all the criminal cases where charges were pressed later for BHO labs, pounds,etc, the inspection warrants were issued the next day and in the news it claims they can get it in 30 minutes now.

they are threatening to get inspection warrants to EVERYBODY it doesn't even matter if you dont have a grow. however, i was threatened with an inspection warrant almost 1 month ago because of "smell" and they havent come back at all.

tanker ton that is fucking crazy man. so now its verified they are cutting or passing gates. and i heard about ramsey road as well from a few of the long time locals here too. what a corrupt fucking county. the only person i can think about contacting for 4th amendment violations would be scott cantrell because he mentioned in the news article that might be his new avenue. however code enforcement knows they aren't liable for shit and that most growers are scared and will just cut and run.

the situation here is fucking beyond depressing and pathetic. alot of these CE guys are ex sheriff, and one of them was even part of the marijuana eradication team, they are experienced in dealing with pot grows.