The ACLU of California and the Drug Policy Alliance have filed suit against the California city of Fontana over the city’s restrictive requirements regarding cultivation cannabis plants at home.

Under Proposition 64, California residents are allowed to grow six cannabis plants for personal use. The law also included language which allows cities or counties to ban outdoor gardens and reasonably regulate indoor grows.

Fontana has a population of 200,000 and is located 50 miles outside of Los Angeles. In light of Proposition 64 passing, the city passed an ordinance adding additional requirements for those who wish to cultivate cannabis at home. Residents interested in growing at home must first apply for a permit, which cost more than $400.  The residents must then pay for a background check to prove they have not been convicted of any drug crimes in the last five years. They also cannot have overdue city fees or pending code enforcement violations, and must get a notarized OK from their landlord if they rent.

The ordinance also makes it a requirement for residents to grow plants in area exclusively for cultivation, which can only be accessed by one locking door, and can’t be visible to the public. City officials must be allowed to inspect the homes.

“This ordinance is at odds with state law enacted by a majority of the voters in California, in San Bernardino County and the city of Fontana,” Joy Haviland, staff attorney at the Drug Policy Alliance told The Cannabist. “Local officials cannot limit or undo what is now legally allowed in California. Prop. 64 allows adults to cultivate for their own personal use in their private homes without unnecessary intrusion from the state.”

Haviland also remarked that the city’s ordinance acts as a de facto ban for some residents, and makes home cultivation unreasonably difficult and expensive.