Proposition 64 made it legal for California residents aged 21 and over to grow up to six marijuana plants in their homes for recreational use. But it also gave municipalities broad authority to regulate manufacturing, cultivation and sales of cannabis.
So what happens when cities pass regulations so onerous as to basically render California’s pot law useless? In the case of Fontana, they get sued.
A lawsuit filed against a California city claims an ordinance makes it unreasonably difficult and expensive for adult residents to grow up to six marijuana plants for personal use under the state's voter-approved Proposition 64.
The American Civil Liberties Union of California and the Drug Policy Alliance sued Monday in San Bernardino County Superior Court, seeking to bar Fontana from enforcing its ordinance.
The local law requires residents to pay more than $400 for a permit and to cover the cost of fingerprint background checks to show they have no drug-related felony convictions in the past five years, among many other restrictions. The suit called the checks an invasion of privacy.
Fontana isn’t the only city accused of passing regulations so strict that they constitute a de facto ban on pot. The outcome of this case could have a huge impact on local governments' attempts to regulate marijuana, so we'll be watching.