A Tulare County, California medical marijuana collective won a big, but possibly temporary victory in court Wednesday.
A judge granted Richard Daleman, 63, a temporary restraining order against the county. It prevents county officials from seizing 4,000 medicinal cannabis plants on his property, reports KFSN.
Under California law, Daleman is allowed to have the plants on his five-acre property, but a Tulare County ordinance prohibits it. About 40 medical marijuana cardholders rent space on Daleman’s farm to grow their own medicine.
More than 4,000 marijuana plants grow on the property.
|Steve R. Fujimoto|
|Daleman inspects some of the more than 12 pounds of marijuana returned to him by the county in 2009|
This isn’t the first time Daleman, a native of England, has gone up against Tulare County in court; he also won a court battle in 2009. At that time, a jury found Daleman not guilty of trying to sell and distribute marijuana.
A judge ruled that the medical marijuana confiscated from him by Tulare County sheriff’s detectives had to be returned. In April 2009 Daleman and his public defender, Andy Rubinger, retrieved just more than 12 pounds of marijuana from the courthouse evidence room.
“There were about three ounces missing,” Daleman said at the time.
Tulare County’s new medical marijuana ordinance dictates that grows should be located in a “commercial location” and they need to be secured indoors for safety reasons. Investigators claimed Daleman’s home doesn’t fit either category.
|Steve R. Fujimoto|
|Daleman wheels out 12 pounds of marijuana that was returned to him at Tulare County Courthouse in 2009|
”This is an Englishman standing up for American rights,” Daleman said. “And I’m entitled to the same rights as anyone else that was born in the United States.”
According to Daleman, someone has to stand up and challenge what he called a “flawed” legislative system.”
“If they can answer why I can have or my other people can have a state card issued by Tulare County that they should run by state law instead of their stupid ordinance,” Daleman said when he filed for the restraining order last week, reports Tommy Tran at KFSN.
The county’s eradication of the plants would negatively affect Daleman’s business, the judge ruled on Wednesday. Another hearing is scheduled for next month.