TheBakersfieldCalifornian.com

Kern County supervisors slapped two men with a $14,000 fine Tuesday for growing medical marijuana on a rural southeast property.

The case was the first to come before supervisors since they passed a new land use ordinance limiting the number of marijuana plants that can be grown for medical purposes on a parcel to 12. Previous county ordinance cases have been investigated by the Kern County Sheriff's Department and forwarded directly to the Kern County District Attorney.

But a recent ruling from Kern County Superior Court Judge David Lampe -- in a case challenging the county's law -- expressed concern that the county was eradicating plants and bringing cases against the owners of the property without allowing them to voluntarily correct the situation, which is the county's general practice in many other land use violation cases.

So the county shifted to a policy that, if there were no violations of state law on a piece of property, the case would be handled by code enforcement officers and taken to the Board of Supervisors for a decision.

German Maldonado told Kern County supervisors Tuesday afternoon that he believed he was following the law when he grew 26 medical marijuana plants on his step-father's property on Dorothy Street in southeast Bakersfield.

"I thought I was doing the right thing. I didn't know I was breaking the law or else I never would have done it," he said.

Supervisors questioned him and his step-father Arturo Ibarra about why Maldonado, who said he was a medical marijuana patient, grew more than the 12 plants allowed under county ordinance.

Ibarra said he only allowed Maldonado to grow the marijuana because the younger man told him that he had a permit.

"I said, 'Ok, if it's under the law...,'" Ibarra said.

Maldonado said he understood that he was allowed to grow up to 99 plants on the property.

When he heard about the 12-plant rule, he called a contact at a medical marijuana collective and was told he was still legal if he had fewer than 99 plants -- a number of plants commonly believed to comply with state law.

Kern County Sheriff's deputies raided the Dorothy Street property on Oct. 17 and the two men were cited with a land use violation of the county 12-plant limit.

Kern County Engineering, Surveying and Permit Services Director Chuck Lackey said the case was turned over to his code compliance division by Sheriff's officers and Ibarra was issued a noticed to get rid of the extra plants within 10 days.

Supervisors thanked Maldonado and Ibarra for coming to the afternoon hearing and answering their questions.

But they agreed that Maldonado and Ibarra would face the $14,000 fine -- $1,000 for each plant in excess of 12 -- and determine between them who best could pay.

Supervisor Ray Watson cautioned the public not to assume they can grow 12 plants in their back yard. They must, he said, be a qualified patient.

Deputy County Counsel Devin Brown said that complying with county rules doesn't exempt the grower from facing criminal and civil penalties for the violation of state and federal marijuana laws.