Do California CITIES have the authority to ban cultivation in city limits? - Cannabis Laws & Cannabis Legislation - International Cannagraphic Magazine Forums

oceangrownkush · 12-02-2015, 06:43 PM

It's all in the title y'all.

SocalNugz · 12-02-2015, 06:59 PM

Seems reasonable they could ban a commercial op but not a small personal grow as long as your compliant with state laws.

shishkaboy · 12-02-2015, 07:26 PM

I cannot fathom why they could not.

City laws are more restrictive than state or federal laws.

For example, there used to be hella peep shows and porn stores down on 42 in nyc, until a city law made them illegal. Porn and peep shows are still legal federally and still allowed in the state, but in this specific city there are extra rules.

resinryder · 12-02-2015, 08:50 PM

Cities can do almost anything they want. Only recourse is for citizens to take them to court over the constitutionality of what they've done. Sometimes the city wins sometimes the citizen wins if a valid enough point of law exist.

12-02-2015, 09:13 PM

Down here in OC there was a ruling on it. Dispos in lake forest all got shut down like 4 years ago. One that I was working with and two others out of 30+ tried to fight it and they were left open for a couple years after they got notices, until the court ruled that the cities can do as they please, and will be backed up by the state Bum deal that a couple d bags sitting on a panel at city hall can have so much power. .

aridbud · 12-02-2015, 11:07 PM

Quote:

Originally Posted by shishkaboy

I cannot fathom why they could not

City laws are more restrictive than state or federal laws.

For example, there used to be hella peep shows and porn stores down on 42 in nyc, until a city law made them illegal. Porn and peep shows are still legal federally and still allowed in the state, but in this specific city there are extra rules.

I cannot fathom why they could not.....WATER restrictions.

armedoldhippy · 12-03-2015, 12:35 AM

Quote:

Originally Posted by StudenTeacher

Bum deal that a couple d bags sitting on a panel at city hall can have so much power. .

gotta get folks together & vote the D bags out, or move...

aridbud · 12-03-2015, 01:25 AM

Quote:

Originally Posted by resinryder

Cities can do almost anything they want. Only recourse is for citizens to take them to court over the constitutionality of what they've done. Sometimes the city wins sometimes the citizen wins if a valid enough point of law exist.

Good point, resin!

If you don't like who is sitting on counsel, get involved- vote or try to change laws that might be for only a portion of the population.

aridbud · 12-03-2015, 01:27 AM

Bum deal that a couple d bags sitting on a panel at city hall can have so much power. .

Unfortunately, "they" are everywhere. Vote them out!

packerfan79 · 12-03-2015, 05:56 AM

I am pretty sure that home grows are protected, because prop 215 is a ballot measure. Changes would have to be put on the ballot. Unless a court throws it out due to a constitutional violation. I don't see how home growing could violate the constitution. This is why prop 13 (property tax increases must be approved by the voters ) The liberals keep trying to push to repeal prop 13 in unrelated ballot measures (currently have the repeal of prop 13 neatly tucked away in ballot measure to raise the taxes on cigarettes ). Leave it to California corrupt politicians to take an protections from tax increases out anyway they can.

12-02-2015, 06:59 PM	#2
SocalNugz Member Join Date: Feb 2015 Posts: 515	Seems reasonable they could ban a commercial op but not a small personal grow as long as your compliant with state laws.
	Quote 3 members found this post helpful.

12-02-2015, 07:26 PM	#3
shishkaboy >>>>Beanie Man<<<< Join Date: Jan 2015 Location: "Where they crossover and clap boards." Posts: 2,473	I cannot fathom why they could not. City laws are more restrictive than state or federal laws. For example, there used to be hella peep shows and porn stores down on 42 in nyc, until a city law made them illegal. Porn and peep shows are still legal federally and still allowed in the state, but in this specific city there are extra rules. __________________ Cannabutter for dummies. https://www.icmag.com/ic/showthread.php?t=334088 "Just right is a fine line between mistakes" Last edited by shishkaboy; 12-02-2015 at 11:20 PM..
	Quote 1 members found this post helpful.

12-02-2015, 08:50 PM	#4
resinryder Rubbing my glands together Join Date: Feb 2005 Location: In a van down by the river!! Posts: 10,803	Cities can do almost anything they want. Only recourse is for citizens to take them to court over the constitutionality of what they've done. Sometimes the city wins sometimes the citizen wins if a valid enough point of law exist. __________________ I'll quit growing my meds the day they rip the bong from my cold dead hands! Absolute power corrupts absolutely. Even on a canna board.
	Quote

12-03-2015, 01:27 AM	#9
aridbud automeister Join Date: May 2013 Location: the best place on earth Posts: 5,589	Bum deal that a couple d bags sitting on a panel at city hall can have so much power. . Unfortunately, "they" are everywhere. Vote them out! __________________ Seeds have the power to preserve species, to enhance cultural as well as genetic diversity, to counter economic monopoly and to check the advance of conformity on all its many fronts. Michael Pollan Happiness held is the seed; Happiness shared is the flower. John Harrigan Instant gratification takes too long. Carrie Fisher - RIP. *afterthought autos* We are passionate breeders of unique quality cannabis autoflower hybrid seeds at down to earth prices; now 11 years running! https://www.icmag.com/ic/forumdisplay.php?f=65770
	Quote

12-03-2015, 05:56 AM	#10
packerfan79 Senior Member Join Date: Jul 2012 Posts: 3,226	I am pretty sure that home grows are protected, because prop 215 is a ballot measure. Changes would have to be put on the ballot. Unless a court throws it out due to a constitutional violation. I don't see how home growing could violate the constitution. This is why prop 13 (property tax increases must be approved by the voters ) The liberals keep trying to push to repeal prop 13 in unrelated ballot measures (currently have the repeal of prop 13 neatly tucked away in ballot measure to raise the taxes on cigarettes ). Leave it to California corrupt politicians to take an protections from tax increases out anyway they can.
	Quote 1 members found this post helpful.

12-02-2015, 09:13 PM	#5
StudenTeacher Guest Posts: n/a	Down here in OC there was a ruling on it. Dispos in lake forest all got shut down like 4 years ago. One that I was working with and two others out of 30+ tried to fight it and they were left open for a couple years after they got notices, until the court ruled that the cities can do as they please, and will be backed up by the state Bum deal that a couple d bags sitting on a panel at city hall can have so much power. .
	Quote