Opinion: S. Lake council violating federal drug laws
Publisher’s note: The following is a letter written to the South Lake Tahoe City Council that is reprinted with permission.
Dear City Council Members,
The California Court of Appeal for the Second Appellate District issued an opinion on Oct. 11, 2011, in Pack v. City of Long Beach, that federal law preempted certain provisions of the city’s marijuana ordinance.
Steve Kubby
As a result, it is clear that the South Lake Tahoe City Council is prohibited by federal drug laws and the Controlled Substances Act, from creating and regulating conditions which facilitate the cultivation of marijuana. In Pack v. Long Beach, it was decided that such ordinances are beyond the powers of any city or county, due to the fact that only the federal government can regulate marijuana.
State law is not in conflict with the CSA or federal drug laws, as it merely decriminalizes possession and cultivation of marijuana statewide, for certain individuals, in a defined medical class.
The SLT Cultivation Ordinance and its goals are in direct conflict with the federal CSA, and places each member of the SLT City Council at personal risk of criminal prosecution.
I strongly suggest you consult with legal experts to review whether or not this council has violated Federal law with its cultivation ordinance. Furthermore, I would suggest that any and all fees, fines and penalties that are collected by the city under this ordinance could be considered as serious violations of federal drug laws regarding money laundering and facilitating federal crimes.
In the meantime, you should definitely consider protecting yourselves from federal prosecution and possible prison time by immediately suspending the SLT Cultivation Ordinance, while you obtain competent legal advice.
Let freedom grow,
Steve Kubby, South Lake Tahoe
This law also unfairly targets the sick ie: those who are cultivating for medical purposes. There are plenty of S. Lake Tahoe residents who grow tomatoes, orchides, and other plants who require high wattage setups in their home. This ordinance fails a very simple fairness test to all citizens. The first patient to sue City Council will collect millions and this ordiance will be abolished. Our City Council and City Attorney have some serious explaining to do at that time as we cannot afford as a coummunity to be throwing away tax payer money like this.
There needs to be some regulation as things are out of control. I won’t argue the points of the law as I’m not the pot law expert like Mr. Kubby is.
I am tired of walking or riding a bike through neighborhoods only to be accosted by the smell of marijuana growing in homes. Our rights to smell the beautiful mountain air we moved here for are being violated. I know of some people who can’t sit on their deck anymore due to their neighbor’s growing situation.
Can you imagine the problems home owners that rent out their homes to people who are growing are now facing? The mold is going to destroy many homes and be costly to the owner.
If people are going to grow within the limits of the law (and make a good income doing so)then they should only be able to do so in a commercial zone in an area where the horrible smell won’t bother people trying to exist in the comfort of their home.
I am sure one friendly note from one neighbor to another will take care of the smell issue. ‘Dear Sir/Mam. We can smell your garden. Please update your ventilation system.’
30 year.. We had the “smelly” problem a couple years ago and I would VERY LOUDLY and also very friendly comment on the funny skunky smell in the air when outside and wondering out loud if it would hopefully go away so my kids quit smelling it.It worked. My neighbors heard, got the message after a month or so and we’ve never had a problem with the “smell” since. Cuz I really do hate the smell too.
Answer to Sandsconnect
Anyone who with a straight face can compare growing tomatoes to growing pot should be committed for “dumb”
Can someone tell me why pot isn’t and only sold in pharmacies?
The smell is pretty awfull and I too have neighbors (and I use that word loosely)all around me that are growers and I think they should all go live in a neighborhood designated for that use somewhere where me and my child dont have to have our right to fresh air compromised. I can even smell it at my local elementary school and, if i had to buy it, all id have to do is go down the street a few blocks to the nearest collective. I hope they regulate it and get the growers out of our neighborhoods
Wow. It appears that half the posters here live near grows (myself included). Are there THAT many approved by the city/county? Somebody must be making a heck of a lot of untaxed income.