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Since 2010, Mendocino County marijuana growers with a doctor's recommendation have been permitted to license plants with Sheriff Tom Allman's department, under chapter 9.31 of the Mendocino County Code. Growers wishing to cultivate up to 99 plants must pay the Sheriff's Department an inspection fee and a $50 per-plant permit fee. In return, growers receive zip-ties that mark each of their 99 plants as certified legal, and the promise that the inspected medical marijuana crop won't be raided by local law enforcement.?
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But a court case out of Southern California could invalidate the program -- ?the first and only of its kind in California, according to Mendocinco County Counsel Jeanine B. Nadel.?
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In its opinion on Pack v. Long Beach, the state Court of Appeals ruled that state and local governments cannot issue permits for medical marijuana dispensaries or grows because in doing so, the government would violate the federal Controlled Substances Act.?
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"If the Pack decision stands, I think we would have issue with our permitting procedure," Nadel told SF Weekly shortly before the new year. "Our permit for 99 plants might be in jeopardy."
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The state Supreme Court is expected to decide if it will hear an appeal from the city of Long Beach on the Pack decision sometime in February. If an appeal is heard, the 9.31 program can continue as normal while the case is in the courts, Nadel said.?
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