Pot grower files restraining order against Tulare County
FRESNO, Calif. (KFSN) -- A South Valley man has filed for a restraining order against Tulare County. He claims he has the right to grow and cultivate medical marijuana under California state law. But the county ordinance doesn't allow for outdoor grows and sheriff's deputies have been cracking down on pot grows in recent weeks and his could be next.
Richard Daleman and 40 other people filed a restraining order Wednesday asking to keep Tulare County sheriff's deputies out of his five acre property. And this isn't the first time he's gone up against the county in court. He went up against the county in 2009 and won.
Richard Daleman is legally allowed under state law to have these medical marijuana plants in his back yard. But a Tulare County ordinance doesn't allow it. Deputies have been busy in recent weeks working to eradicate them. Daleman is looking to avoid being the next victim.
"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." said Daleman.
Tulare County's pot ordinance is pretty clear, grows need to be located in a commercial location and they need to be secured indoors for safety reasons. Investigators say Daleman's home doesn't fit either category. Still, he rents out his farm land to 40 medical marijuana card holders and allows them to grow roughly 4,000 plants.
Johnny Snow Sr. rents a small space in the backyard. He says it would be devastating if deputies ripped out his preferred medication used to treat his eating disorder.
"I'd probably die. I mean I won't be eating. I have a hard time eating now. I maybe eat once a day. Maybe. And that's if I feel like eating." said Snow Sr.
That's why Snow, Daleman, and dozens of other people filed a restraining order asking a judge and jury to keep deputies out.
Richard Daleman isn't afraid of going up against Tulare County. In 2009 a jury found the england native not guilty of trying to sell and distribute the drug.
Action News was there when Daleman and his lawyer walked out with more than 25 containers of marijuana from the courthouse. And now it seems both sides are at it again.
"This is an Englishman standing up for American rights. And I'm entitled to the same rights as anyone else that was born in the United States." added Daleman.
The 63-year old says someone has to stand up and challenge what he calls a "flawed" legislative system.
The restraining order was filed late Wednesday afternoon in Superior Court so the county won't review it until Thursday. A county spokesperson told Action News they cannot comment on this case until they see the paperwork.
marijuana, medical marijuana, tulare county, lawsuit, local, tommy tran
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