LAKEPORT, Calif. – The county of Lake has been served with another attempt at a temporary restraining order as a result of an interim urgency ordinance governing marijuana cultivation adopted earlier this month.
On Thursday, Lucerne resident Conrad Justice Kiczenski and his father, Ron, filed an action against the county and Sheriff Frank Rivero, seeking to stop the implementation of the 45-day interim ordinance which the Board of Supervisors passed Monday, July 9.
The ordinance sets limits on marijuana cultivation, allowing for up to six plants to be grown outdoors on a half acre or less, 12 plants with a 75-foot setback on parcels of half an acre to one acre, 18 plants and a 150-foot setback on parcels one to five acres in size, 36 plants and a minimum 150 foot setback on five- to 40-acre parcels, and a maximum of 48 plants on parcels 40 acres and larger. There also are screening requirements.
County Counsel Anita Grant confirmed the county was served with the Kiczenskis' action.
The Kiczenzkis assert that possession, planting and cultivation of marijuana for personal use is their religious duty. They argue that any constraints imposed violate their rights to the free exercise and enjoyment of religion.
A hearing on the Kiczenskis' request for the restraining order will be held at 4 p.m. Friday before Judge David Herrick in Lake County Superior Court Department Department 1.
The Friday afternoon hearing will follow a 3:30 p.m. hearing before Judge Herrick on another request for a temporary restraining order and preliminary injunction filed earlier this month by Don Merrill and three unnamed plaintiffs, as Lake County News has reported.
An initial hearing in Merrill's case was held Thursday, July 12. At that time, Judge Herrick said he didn't have sufficient evidence of harm to grant the request, and continued the hearing in order to give Merrill and his fellow plaintiffs the opportunity to provide additional information.
Merrill had been a member of a medicinal marijuana cultivation advisory board appointed by the Board of Supervisors. In the wake of Merrill's legal action, the board voted to disband the board.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .