Feb 072014

Fresno County’s ban on medical cannabis cultivation takes effect today. The ban applies to ALL cannabis gardens, both indoors and outdoors, with heavy fines starting at $1,000 per plant.

A referendum petition circulated by local cannabis advocates fell far short of its goal of 20,130 signatures. One common theme reported by signature gatherers: Many people had no idea the new county law had been passed. Other potential signers expressed concerns about the confidentiality of petition signatures, while others said they wanted to avoid jury duty. (Note: Petition signatures are NOT public record, and anyone who has a driver’s license and/or registers to vote is automatically qualified for jury duty.)

Read the Fresno County cannabis ban

Another common question came from city residents, who wanted to know if they county law applied to them. The quick answer is “no”; you may consult the directory of city ordinances to see which local law applies to you. Although primary authority for cannabis cultivation falls under state law ‐ Proposition 215 and Senate Bill 420 ‐ cities and counties also have authority to pass ordinances pertaining to zoning, health and safety, and other subjects. The intersection of state and local laws can create conflicts, and the legality of the Fresno County cannabis ban is likely to be tested in court.

This post will be updated later with additional details. If you have questions about the Fresno County cannabis ban, please contact Fresno Cannabis or call 559-270-1411.

  4 Responses to “Fresno County cannabis ban takes effect”

  1. Regardless of what laws may or may not be in place I will always grow cannabis both indoor and outdoor. So too will many many others.

  2. Which is fine, people are going to do what they’re going to do. I’ve encountered a certain ballsy attitude in the MMJ community where people just keep on growing and take their chances with law enforcement. Only problem with that attitude:

    — It’s sorta selfish, don’t you think? It’s not about whether YOUR plants are safe and lawful, it’s about EVERYONE’S plants and gardens and whether they are safe and lawful. If you don’t like the law, you should take steps to change it, to the benefit of yourself and ALL patient-growers.

    — Local law enforcement just changed the game, again. People who may (or may not) be compliant with state law may not know that a local ordinance can and will be used against them in a court of law. It’s easy to talk smack, but y’all should know it just got a lot harder to defend yourself when the po-po come knocking on your door.

    Just sayin’…

    • A few people told me that they are expecting recreation marijuana to be legal this November. My question is if the county can do this with medical marijuana,what makes them think they won’t with the recreation?

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