Here we go again...
America's grand experimental system of self-governance breaks down when selfish citizens do not voluntarily follow the laws adopted for the common good. And when the system of enforcement, designed to help the selfish ones comply, is overwhelmed, who is going to protect the public interest?
The Supreme Court of California, in People v. Kelly, filed January 21, 2010 [47 Cal. 4th 1008; 222 P.3d 186; 103 Cal. Rptr. 3d 733; 2010 Cal. LEXIS 113], in footnote 21 said,
At this point the Court of Appeal observed: “An argument against the CUA [1996 Prop 215] was [that] it ‘allows unlimited quantities of marijuana to be grown anywhere … in backyards or near schoolyards without any regulation or restrictions. This is not responsible medicine. It is marijuana legalization.’ (Ballot Pamp., Gen. Elec. (Nov. 5, 1996), argument against Prop. 215, p. 61.) San Francisco District Attorney Terence Hallinan responded, ‘Proposition 215 does not allow “unlimited quantities of marijuana to be grown anywhere.” It only allows marijuana to be grown for a patient's personal use. Police officers can still arrest anyone who grows too much, or tries to sell it.’ (Id., rebuttal to argument against Prop. 215, p. 61.)”
Two facts exist:
- The Barefoot Dirty Girls obviously have no intention to voluntarily conform to Manteca law about enclosing and securing their "weed patch."
- The City of Manteca obviously has no intention (or pretence) of enforcing its own law about enclosing and securing outdoor "weed patches."
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Manteca Unified School District
Superintendent Jason Messer – email@example.com
2271 West Louise Avenue
Manteca, CA 95337
B. Secure Enclosed Structure. The cultivation of medical marijuana shall at all times occur in a secure, locked, and fully enclosed structure that includes solid walls, a ceiling, roof or top. No outdoor growing shall be permitted within the city.This pot farm is not a collective or cooperative, which has the 1,000 foot distance requirement. As a single-user grow on a residential lot - without the distance requirement - the Secure Enclosed Structure requirement is even more imperative, yet nothing but an easily scalable chain link fence separates one or more of your students (or an interloper) from a serious problem - with the law, dope, dogs or unstable scofflaws.
G. Collective or Cooperative Cultivation. For the collective or cooperative cultivation of marijuana, such cultivation shall be prohibited within any residential districts as defined by the Manteca Municipal Code or within one thousand feet of any residential district, school, recreation center, or youth center.
You, Mr. Messer, representing the Manteca Unified School District, are hereby informed of this potential “attractive nuisance.” Since the policy of your school board directs “The Superintendent … to work closely and cooperatively with [local] agencies, and to bring all areas of conflict to the Board of Education whenever it appears that they cannot be promptly and appropriately resolved,’ (Policy 1410, Community Relations, Local Units), I wish you success in resolving this situation with the unconcerned Manteca Police Department and the recalcitrant property owner.
Richard Behling (Dances With Timberwolves)
MUSD Board of Trustees:
Michael Seelye – firstname.lastname@example.org
Manuel Medeiros – email@example.com
Vern Gebhardt – firstname.lastname@example.org
Evelyn Moore – email@example.com
Wendy King – firstname.lastname@example.org
Rex Holiday – email@example.com
Nancy Teicheira – firstname.lastname@example.org
City of Manteca administration:
Steve Pinkerton – email@example.com
Dave Bricker – firstname.lastname@example.org
Dennis Wyatt – email@example.com
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I want to thank you for pointing this out to our Superintendent and Police Dept. I will see that there is follow up regarding this, and I am sure other Board members will do the same. We have an excellent Superintendent In Jason Messer and I am sure he will work with the Police Dept. to correct any illegal activity such as this.
I hope such is the case.