This California town will charge home growers $141 for the privilege
A small Southern California town is moving to require a costly permit for residents who want to grow marijuana in their own homes.
The Desert Sun reports that the city council of Indian Wells (population roughly 5,200) passed an ordinance recently that would force home growers to register for a permit and pay $141 a year for the privilege.
Growers would have to submit to a home inspection to demonstrate that theyre hewing to the six-plant limit mandated by Prop. 64 and have adequate ventilation and security on their grow rooms. The council voted 4-1 in favor of the rule; Councilman Ty Peabody, who abstained, told a Desert Sun reporter that I just dont believe in marijuana.
Legal experts differed about whether the local law would be enforceable.
While local governments cannot ban the indoor cultivation of 6 plants, they can reasonably regulate that activity, said Richard Miadich, the attorney who drafted Prop. 64. I believe requiring a permit to track those persons growing indoors would likely be viewed as a form of reasonable regulation as long as any associated fees didnt result in a de facto ban.
UC Irvine Law School Dean Erwin Chemerinsky told the Desert Sun that this goes significantly beyond what state law allows local governments to do. Paul Armentano, deputy ...