Medical marijuana grower drops appeal against Nevada County |

Medical marijuana grower drops appeal against Nevada County

A Nevada County man who challenged his marijuana grow citation has opted to withdraw his complaint against Nevada County, his attorney said Tuesday.

Robert Stuckey, who lives on land zoned residential agricultural estate, dropped his claim that the county denied him due process, after learning what’s permitted under his zoning. That zone allows no grows on parcels of less than five acres, attorney Jennifer Granger said.

“He would have to have five to 10 acres to grow indoors,” Granger said.

Additionally, outdoor grows in that zone aren’t allowed unless the parcel is over 10 acres.

Stuckey’s decision to drop his suit against the county isn’t related to his due process argument. Instead, it’s because the county’s marijuana cultivation ordinance prohibits him from growing.

Granger argues the county did, in fact, deny him due process by refusing to postpone her client’s initial appeal hearing. Granger couldn’t attend that hearing and asked for a week’s delay, which a hearing officer denied.

Other, similar cases are still moving through Nevada County Superior Court.

Sheriff’s deputies cited Stuckey on June 30 for an outdoor grow that was visible from the road. Stuckey appealed and asked to postpone the hearing, noting his attorney, Granger, couldn’t attend.

The hearing officer denied the request. The hearing then occurred without Stuckey or his attorney, and Stuckey was found in violation of the ordinance.

The case took a twist when the Board of Supervisors on July 26 passed new grow regulations.

According to Sheriff Keith Royal, county counsel advised him to re-examine grows such as Stuckey’s in the wake of the new rules. That second compliance check, made last week, revealed that Stuckey had reduced his grow to six plants that weren’t visible from the road.

The sheriff noted, however, that the grow remained in violation of the new ordinance.

To contact Staff Writer Alan Riquelmy, email or call 530-477-4239.

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