Court ruling hits ‘criminalization’ element of Fresno County growing ban

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Dec 032015
 

The dismissal of a legal challenge to Fresno County’s ban on growing medical cannabis has been overturned by the Fifth District Court of Appeal. Tuesday’s 32-page ruling rejected several arguments made by cannabis advocate Diana Kirby, who filed suit after Fresno County’s medical cannabis cultivation ban was passed in 2014. But the three-judge panel still sent the case back to Fresno County Superior Court for further proceedings, saying Kirby could challenge the “criminalization” clause of [read more …]

Cannabis water rules get Fresno hearing Thursday

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Aug 172015
 
Cannabis water rules get Fresno hearing Thursday

A workshop on proposed cannabis water rules is scheduled in Fresno on Thursday. The workshop begins at 1 p.m. the Fresno office of the Central Valley Regional Water Quality Control Board. (Event link, map.) The new rules will require large-scale growers to obtain a permit, or “water discharge requirement,” showing compliance with state and local regulations. The rules are designed to address environmental impacts for reported problems that include water diversions and sediment discharges in [read more …]

Fresno County judge dismisses $99K cannabis fine

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Jun 172015
 

Fresno County acted improperly when it imposed a $99,000 fine on a medical cannabis grower, a judge has ruled. Xiong Thao was cited for growing 99 cannabis plants in March 2014, the Fresno Bee reported, even though he had pulled up and removed the plants before the citation was issued by the Fresno County Sheriff’s Office. Fresno County Superior Court Judge Dale Ikeda said that language in the ordinance allows 15 days for removal of [read more …]

May 122015
 

More than $1 million in cannabis cultivation fines were on Tuesday’s agenda for the Fresno County Board of Supervisors, but the total was reduced to $159,000 after the board navigated through several split votes and failed motions. Tuesday’s special meeting was the seventh set of appeal hearings scheduled since the county’s growing ban took effect in early 2014. Citations are issued for violations to both Prop. 215 patient-growers and to property owners, although the board [read more …]

Fresno supervisors uphold $477K in cannabis fines

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Mar 182015
 

Fresno County supervisors voted Tuesday to uphold $477,000 in fines imposed against medical cannabis patients and property owners, while granting one property owner’s appeal. The vote was more symbolic than substantive, as many of the patients cited have either left the county or lack the ability to pay. Yet Tuesday’s hearings highlighted the fine-centric approach adopted by Fresno County, as well as the plight of non-resident property owners who get cited right along with the [read more …]

Fresno County cannabis ban faces CEQA challenge

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Mar 112015
 

A lawsuit challenging Fresno County’s cannabis cultivation ban on environmental grounds is nearing its final destination, with hearing set for April 30 in Fresno County Superior Court. The trial notebook shown below contains all the pleadings in the lawsuit filed against the County of Fresno by Michael S. Green, a medical cannabis patient and advocate. The suit alleges that the county violated the California Environmental Quality Act (CEQA) when its cannabis cultivation ban was enacted [read more …]