Fresno County Medical Marijuana Ban | Fresno Criminal Defense Attorney
In February 2014, Fresno County's medical marijuana ban went into effect, outlawing all cultivation indoors and outdoors. There is a $1,000 fine per plate and 10% interest per month for any unpaid fines. This ordinance (10.60.060) declares that all cultivation of marijuana is prohibited in Fresno County. The Fresno County Board of Supervisors enacted the above ordinance by declaring marijuana cultivation a nuisance. As a result city officials, inspectors and officers have been actively seeking marijuana grows and citing them with exorbitant amount of fines. Once a person is given handed these fines they only have 15 days to appeal the imposition of fines. Unfortunately, the Fresno County Board of Supervisors have made it nearly impossible to prevail. All of the ordinances are written in there favor, however, there have been appeals that have been successful.
In addition, if you live in an unincorporated area of Fresno County the procedure is slightly different. You must first be served with an abatement order stating that you have 15 days to eradicate your marijuana grow or you will face the fines and penalties listed above. In this scenario you can file a notice to contest the abatement with the Fresno County Board of Supervisors, but that also must be completed within 15 days from when the abatement order was given. Once your notice to contest the abatement order is filed there will be a stay on your marijuana grow operation, meaning that you can continue to grow your marijuana until such time a decision is reached by the Board of Supervisors.
You must know your rights. City officials, inspectors, and or police officers CANNOT enter your property to inspect your grow operation. You have the right to refuse entry. Once entry is refused then an inspection warrant will be needed in order to enter the premises. An inspection warrant must be signed by a judge and unlike a criminal warrant forced entry is not allowed absent unusual circumstances. An inspection warrant can only be served between the hours of 8:00 a.m. and 6:00 p.m. and only if a person is present. Don't Let Them IN