County Seeks Injunctive Relief Against Marijuana Collective

Tulare County this week filed for injunctive relief against a Cutler-based medical marijuana collective.

According to the complaint filed on Monday with Tulare County Superior Court, Tulare County alleges that the medical marijuana collective violates the requirements of County zoning ordinance, which states that marijuana collectives and cooperatives must be located on land zoned for commercial or manufacturing use within the unincorporated county. The collective is located in an agricultural zone. In addition, the complaint states the collective violates county ordinance by not being grown “within a secure, locked, and fully enclosed structure.”

Chairman of the Board of Supervisors Allen Ishida said medical marijuana operations are a threat to the public safety of residents. From October 2010 to October 2011, there were eight homicides linked to marijuana operations. Since September 2011, there have been three attempted homicides linked to marijuana in Tulare County.

“Tulare County will not tolerate illegal medical marijuana operations in our unincorporated areas,” Chairman Ishida said. “We will continue to take the appropriate actions to combat illegal medical marijuana operations.”

This is not the first time Tulare County has sought injunctive relief against a medical marijuana collective. In August 2011, Tulare County won a civil injunction against Foothill Growers Association Inc., an Ivanhoe-based cooperative of about 100 people with doctors’ recommendations to smoke or ingest marijuana to treat symptoms of health conditions.

The Superior Court found that the Foothill Growers Association violated an ordinance adopted by the Board of Supervisors in 2009, which states that marijuana collectives and cooperatives must be located on land zoned for commercial or manufacturing use within the unincorporated county.