[Deejaycruise]

Today I had three visits from Code enforcement and was served a summons. I am to appear in Court Tuesday January 23, 2007 at 9:00 am in Pomona Dept J to answer to the compaint that I am a public nuisance. Actually three causes of action all of them a public nuisance. They are asking to abate the nuisance by injunction. I guess it won't be long now. I don't see how they could possibly win, unless you consider they added two Attorneys for the City and in this action it appears the City attorney will replace the Assistant City Attorney, so its three experienced Attorneys against me. I think they thought they won two weeks ago until they talked with me this evening. This new complaint even charges me with the same zoning code violation even though I was found not guilty. I was only found guilty of not having a business license. Meanwhile I recieved my 3rd $500 daily fine.

[buddyOne12]

You just need to show that you are in compliance with the California law and they have to prove a nuisance. If there's no proof of nuisance and you are in compliance with the law and, or you are willing to address whatever concerns are fixable such as traffic and loitering, then the Code Enforcement can't touch you!

The United States Constitution is clear. Each state has the right to make laws not addressed in the Constitution. And, the state laws superced all federal interventions.

If Code Enforcement does not follow the California law to protect your right to lawfully caregive, they are opening up a substantial liablity for depriving you and your patients of their civil rights!

You can take that to the court.

However, if you are blatantly ignoring the law, don't delude yourself into thinking you'll hood-wink a judge into thinking your ignorant of any violations. If they have proof that's legitimate and consistent and invasive, you can kiss your facility good-bye, and possibly your freedom and assets!

Originally Posted by TheCloneDepot

HS 11570. Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this division, and every building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.

I don't see a Problem with 11570 being their charges.. It's covered in SB420.. You are doing nothing wrong.
SB420

11362.765. (a) Subject to the requirements of this article, the individuals specified in subdivision (b)
shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359,
11360, 11366, 11366.5, or 11570.

(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with an identification card who transports or processes marijuana
for his or her own personal medical use.
(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.
(3) Any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medical marijuana to the qualified patient or person or acquiring the skills necessary to cultivate or administer marijuana for medical purposes to the qualified patient or person