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 …]

Sep 152015
 

The California Legislature passed a weighty package of medical cannabis bills Friday, which Gov. Brown is expected to sign into law. For better or worse, the Medical Marijuana Regulatory and Safety Act (MMRSA) will fundamentally change how medical cannabis is grown and sold in California. The core of the MMRSA is contained within two bills ‐ Assembly Bill 266 and Senate Bill 643 ‐ while a third bill, AB 243, addresses environmental and funding issues. [read more …]

Apr 092014
 

A CEQA lawsuit that seeks to block the enforcement of the Fresno County cannabis ban was filed April 4, 2014. The lawsuit doesn’t claim the county ban violates Proposition 215 or Senate Bill 420, although it well could. Instead, the single cause of action claims the county violated the California Environmental Quality Act (CEQA). This unofficial copy is lightly redacted. If the embedded viewer doesn’t work, click here. Exhibit A: Fresno County Ordinance 14-001 Exhibit [read more …]

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 [read more …]

Follow-up to Fresno County growing ban set

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Jan 282014
 

Title: Fresno County cannabis growing banLocation: Fresno County Hall of Records, 2281 Tulare St., Fresno CALink out: Read the staff reportDescription: Supervisors are scheduled to hear a companion ordinance to the Fresno County growing ban that was passed on Jan. 7. The trailer bill would delete previously permitted cultivation facilities from the land-use matrix found in the county Zoning Ordinance. The ordinance is listed as Agenda Item 7 and may be adopted at the meeting [read more …]

Fresno County cannabis patients sought for lawsuit

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Jan 262014
 

Faced with a new growing ban, Fresno County cannabis patients may soon find themselves in court as criminal defendants, but MMJ advocates are urging a more proactive approach. A civil lawsuit is being planned to challenge the Fresno County ordinance, but the strategy requires support from local growers to succeed. The lawsuit has been on the table since the Fresno County growing ban was passed by the Board of Supervisors on Jan. 7, but local [read more …]