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California APPEALS COURT upholds rulling CITIES can ban ALL MEDICAL MARIJUANA GROWING

SCF

Bong Smoking News Hound
Veteran
http://www.eastbayexpress.com/Legal...ies-can-ban-all-medical-marijuana-homegrowing


California Appeals Court: Cities Can Ban All Medical Marijuana Homegrowing

Activists are worried about a new California Appellate Court ruling over the Thanksgiving break that appears to give cities and counties the okay to ban all medical marijuana cultivation - even a single plant, in a closet, for personal, medical use.

The case revolves around the City of Live Oak, which passed an ordinance in 2011 banning medical marijuana cultivation. Patients there sued and a local judge sided with the city. Patients then appealed and the 3rd District Court of Appeals in Sacramento upheld the ban last week, according to reports, and said state law and previous court decisions "do not pre-empt a city's police power to prohibit the cultivation of all marijuana within that city."

There is no "unfettered right to cultivate marijuana for medical purposes," the appeals court said.

The appeals court held that banning medical marijuana growing in a city or county does not conflict with Proposition 215, the Compassionate Use Act approved by voters in 1996, or the 2003 Medical Marijuana Program approved by the Legislature.

Dale Gieringer with CA NORML writes: "This decision makes it imperative that California adopt legislation specifically recognizing the right of all patients in need to access medical marijuana."

Activists say the appellate court left open at least two legal challenges to the Live Oak ordinance.

A number of jurisdictions including Fresno are considering banning all medical marijuana cultivation
 
Meanwhile the Federal Government continues to rake in millions off of 'legal' tax payments and such from 'legal' dispensaries operating all over the country.

Amazing. Double standard gestapo bs ftw.
 

Hydrosun

I love my life
Veteran
I think it is fine, lower court and appeals court are fucked up. If the CA Supreme court comes down this way I'll be shocked.

Time for activist stoners to burn police cars in any city that bans personal cultivation.

:joint:
 
N

NorCalDreaming

Meanwhile the Federal Government continues to rake in millions off of 'legal' tax payments and such from 'legal' dispensaries operating all over the country.

Amazing. Double standard gestapo bs ftw.
That's one of the things I've thought about for a long time. Also like the Health and Human services holding a patent for a 'medical' benefit of compounds in canna for years while the government publicly saying there's no medical benefits.

As for the OP the tide of public approval has turned in favor of canna and will probably only get stronger over the coming years. Hopefully the politicians eventually get it.
 

TheCleanGame

Active member
Veteran
MORE INSANITY FROM CALIFORNIA! Film at 11!

Doesn't surprise me at all. I moved from cali to escape the socialistic weirdness and downright blatant ignorance going on.

Keep it Clean! :D
 

SCF

Bong Smoking News Hound
Veteran
This is bullshit. The law protects prop 215 patients can GROW as much as they need. If this stays legit. I smell Bullshit. Sheriffs in My county are already promising to try to end Growing in our County.
 

Arthritis_sucks

The Dude
Veteran
I can see this in the future if it passes......patients getting together a class action lawsuit to sue the enforcing agency in their town for cost of meds since they are taking away access.
 

Arthritis_sucks

The Dude
Veteran
The first town/city that does this needs to be made an example of that "we the people," wont let anyone trample or hinder our rights.
 
I also love the fact that it's 'not medicinal' yet they've been growing it themselves and handing it out to patients since the 1960's @ the university of Mississippi.

300 pre rolled joints to their local rite-aid pharmacy every month, here ya go!

OH but wait.. there is no medicinal benefits, and we're going to schedule it with Heroin.. and uhhh, arrest people.. and uhh.. yeah.. while we do the very same exact fucking thing you guys are doing.

Government is such fucking horseshit it makes me sick.
 

supermanlives

Active member
Veteran
they can kiss my ass.legal or not I aint quitting growing till I croak. I disagree I do feel I have the right to cultivate marijuana for medicine . I don't believe the government/state whatever has the right to stop me either. and if they ban a plant then I demand they remove in god we trust from all currency . I would rather trust an invisible\imaginary entity that no one sees than the corrupt folks running the country. fuck you ass holes I will never never quit growin. luckily in my area I highly doubt they would try it. too rural and everyone grows here
 
Last edited:

RED CTHULHU

New member
It'll only get better

It'll only get better

The beginning of the end for profiteers. Next up! I foretell the downfall & pillaging & the burning to the ground of HHC OAK & SJ & the forfeiture of those properties where they deal there drugs.
 

RED CTHULHU

New member
It'll only get better [ edit ]

It'll only get better [ edit ]

their….

postscript:

If you dived into this to profit, you'll be spit out like your brother's pubic hair when all is said and done.
 

Hydrosun

I love my life
Veteran
their….

postscript:

If you dived into this to profit, you'll be spit out like your brother's pubic hair when all is said and done.

Very clown like thinking. The best in any industry MUST profit or that industry is dead.

The love of the plant is very important but so is being able to buy food and keep a roof over your head.

The good will survive and profit, the bad will go out of business.

No need to burn down private business, a lot of need to burn down assets of the PAID GOVERNMENT drug warriors.

:joint:
 

HUGE

Active member
Veteran
Welcome to "legalization". code for we can't have people grownig their own anything.
 

wingdings

Member
Veteran
""state law and previous court decisions "do not pre-empt a city's police power to prohibit the cultivation of all marijuana within that city.""

Um, Yes they do. That is how the law works. State law supersedes local. Supremacy dictates that local can not be "contrary" to State law.
 

Hydrosun

I love my life
Veteran
""state law and previous court decisions "do not pre-empt a city's police power to prohibit the cultivation of all marijuana within that city.""

Um, Yes they do. That is how the law works. State law supersedes local. Supremacy dictates that local can not be "contrary" to State law.

You are correct but the knife does cut both ways, at least a little.

Portland ME legalizes cannabis.
https://www.icmag.com/ic/showthread.php?threadid=274262

:joint:
 

RoadRash

Member
Towns and counties (and states) that legislate against Cannabis are basically blowing off their legs at the knee-cap ... and calling it progress.

I think Calif. (the state) is making big $$ from sales tax on Med. Marijuana.

When I see towns ... especially towns with high unemployment ... say 'no' to Cannabis ?! - it does surprise me.

Legal Cannabis is one of the few growth areas of the economy.
 

Grass Lands

Member
Veteran
Talk about boosting the black market, the prices may very well go thru the roof due to the risk...


http://fresnocannabis.org/supes-ok-ban-indoor-outdoor-cannabis-cultivation/

Supes OK ban on indoor and outdoor cannabis cultivation

Although supervisors were presented with an alternative ordinance to permit limited indoor cultivation, the board voted unanimously to give their zero-tolerance policy the force of county law. Violations can be punished as misdemeanors, but the real prizes were the heavy daily fines sought by Fresno County Sheriff Margaret Mims. The fine for just one plant is $1,000, with an added $100 fine per day that the plant is not removed after the grower is cited. Under that scenario, a grower cited for a 12-plant garden would face a minimum fine of $12,000, plus whatever other investigative and enforcement costs the county pursued.

As a similar ordinance is enforced in Kern County, armed sheriff’s deputies (vs. civilian code enforcement officers) show up at your property and give you the option to rip your plants on the spot or get cited for the daily fines and/or criminal charges. The ordinance allows appeals to the Board of Supervisors, but those are the same folks who passed the zero-tolerance ordinance. (You don’t have to guess how that’s going to turn out.) Supervisors aren’t legally bound to hold a full evidentiary hearing, and by design the ordinance limits the ability of patients to appeal the board’s decision in Fresno County Superior Court.

This post will be updated with additional details about the cannabis ban as they emerge. The environmental assessment of the canna-ban will be covered in a separate post; public comments are being accepted until Dec. 27. A companion ordinance removing cannabis cultivation facilities as a permitted land use is expected to be heard by the Fresno County Planning Commission on Jan. 9, although the county didn’t seek the commission’s input on the cannabis ban itself.

Fresno County Total Cannabis Ban

Posted by Bud at 8:57 pm Tagged with: cannabis ban, cannabis cultivation, Fresno County, Law, Medical marijuana, ordinance
Lea
- See more at: http://fresnocannabis.org/supes-ok-ban-indoor-outdoor-cannabis-cultivation/#sthash.Va7MYP0A.dpuf
 
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