Mar 222013

Tulare County supervisors, early adopters that they are, have passed an urgency ordinance prohibiting Tulare County dispensaries and medical cannabis collectives involving two or more people. Meaning just about everyone.

UPDATE: The 45-day ordinance was extended for another 22 months, 15 days by the Board of Supervisors on April 23, 2013. The Tulare County cannabis moratorium extension expires on March 18, 2015.

A Fresno Bee story on the Tulare County marijuana ordinance says it only applies to expansion of existing dispensaries or the creation of new ones. Regardless of what county officials may have told The Bee, however, that limitation is not found in the plain language of the ordinance itself.

Tulare County medical cannabis dispensary moratorium. by Bud Green

What’s interesting about Tulare County is that it already has a dispensary ordinance, last updated in 2010. That law contains provisions for a medical marijuana business license, among other requirements, but an appellate court ruling in Pack v. Long Beach called into question the legality of such licenses under federal law. Although the Long Beach case no longer serves as legal precedent in California, another case involving a dispensary ban in Riverside is currently before the California Supreme Court with a decision expected by May. Some cities and counties are trying to get ahead of the legal curve.

I just rounded up all the Tulare County cannabis laws I could find on My California Cannabis, the companion site to Fresno Cannabis. If you can make better sense of them than I could, please comment below…

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