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 …]

May 212014
 

The Fresno Cannabis Association presents its first fundraiser and strategy session at 2 p.m. June 8 at Full Circle Brewery in Fresno. Come learn about the cannabis growing bans in the City of Fresno and Fresno County, and meet the people leading the legal fights against them. Food, drink and cannabis advocacy — tres bien! Facebook event page | Meetup event page Admission tickets are $10 at the door. This private event is for people [read more …]

May 082014
 

A lawsuit filed today by cannabis advocates seeks to block enforcement of the Fresno cannabis cultivation ban. The petition for writ of mandate was filed by two co-plaintiffs, the newly formed Fresno Cannabis Association and the Los Angeles-based Union of Medical Marijuana Patients. The target of the lawsuit is Ordinance 2014-20, which bans all types of cannabis cultivation (indoor/outdoor)and imposes fines of $1,000/plant for violations. CEQA cannabis lawsuit – City of Fresno While the lawsuit [read more …]

Fresno County cannabis fines challenged in court

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Apr 272014
 

A medical cannabis grower and her mother are awaiting a judge’s ruling on whether to stay enforcement of Fresno County cannabis fines totaling $43,000. Judge Bruce Smith said he expects a ruling by the first week of May, Marc Benjamin reports in the Fresno Bee. Smith said he was not “altogether unsympathetic” with the Holapatiphone family, which was fined $43,000 by Fresno County supervisors in noncriminal penalties after 43 medical marijuana plants were discovered without [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 …]

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 …]