Photo of ziptie by reader

Yesterday, both Humboldt and Mendocino Boards of Supervisors blinked in the face of Federal push back.  According to the Times Standard (read the whole article here,)

Staff with the [Humboldt] county counsel’s office said the moratorium is the safest legal course of action in an atmosphere where it’s still unclear whether cities and counties can regulate medical marijuana dispensaries. Deputy County Counsel Davina Smith said all eyes are now on the California Supreme Court, which agreed last week to review whether federal law pre-empts local jurisdictions.

Pack versus Superior Court of Los Angeles is the case referred to by Smith. There are several issues involved in that case but one is that Long Beach “required dispensaries to have their cannabis tested, which mean that it mandated them to break federal law.” {Tip of the hat to Michael Myer whose comments on this blog I quoted}) According to the Times Standard again,

Smith said a decision is expected within the next 12 to 18 months. In the meantime, she said, the county is vulnerable to legal action.

Humboldt County Administrative Officer Phillip Smith-Hanes said the county is working to make progress on an ordinance that would govern outdoor cultivation of medical marijuana for personal use. Smith-Hanes said the board directed county staff to create an ordinance similar to one used in Mendocino County…. He said both Mendocino and Humboldt counties are now looking at a registration-based ordinance, similar to one used in Tehama County.

”It seems like the Tehama County ordinance would stand up to legal scrutiny,” Smith-Hanes said.

The Mendocino Supervisors decided to back down on the “zip-tie” ordinance yesterday also. According to the Ukiah Daily Journal,

“They were threatening to file an injunction against our ordinance and try to throw it out in court, and also threatening to individually go after county officials who were supporting these laws, which they believed to be in violation of federal law,” 5th District Supervisor Dan Hamburg said after the vote.

Hamburg and 1st District Supervisor Carre Brown supported Nadel’s recommendation, worried that the federal government would withhold money that comes to Mendocino County for its social service and other programs.

The Mendocino meeting had “a steady stream of speakers” urging the Mendocino Board to fight the Federal government.  The UDJ offers details on suggestions by the speakers. The article is well worth the read.

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Hat tip to Emerald Triangle News for Headline idea.