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Defacto Personal Marijuana Cultivation Ban Goes to Court

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Marijuana Compassion Common Sense

Marijuana Compassion Common Sense

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Prior to the passage of Prop. 64 many cities had banned all medical marijuana patient cultivation indoor as well as outdoor. Prop. 64 continues to allow cities to ban outdoor cultivation but prohibits them from banning indoor cultivation. Although Prop. 64 allows cities to enact "reasonable" regulations on indoor cultivation, many cities have enacted onerous regulations that amount to a defacto ban.

The city of Fontana was one of the cities enacting regulations requiring permiting fees of over $400, allowing police, fire and code inspectors to inspect a homeowners premises at any time, enacting elaborate and expenisve code requirments and more. The ACLU has filed suit against Fontana alleging that the regulation are onerous and unreasonable.

Mike Harris is an Inland Empire marijuana activist living in Fontana. He is the plaintiff in the suit agasint the city and their personal cultivation ordinance. On the program Mike explains the basis for the lawsuit, the onerous regulations enacted by Fontana, the strategy being employed by ACLU attorneys and the ramifications of the court action.

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