![]() ![]() “Importantly, the court determined that cultivation of medical marijuana in California could in no way be deemed a criminal act,” the firm said in a statement. Wykowski & Associates law firm applauded the court’s finding that Fresno’s ordinance was “an overly broad attack” on the rights of medical marijuana patients. The panel said Fresno has little recourse to save its law from being invalidated.Īttorneys for Kirby with the Henry G. “The Supreme Court’s clearly expressed position is exactly the opposite of the county’s view that the Supreme Court has determined that MMP does not foreclose the arrest of certain persons possessing or cultivating marijuana,” Judge Donald Franson wrote for the panel.Ĭalifornia’s prohibition of arrests clearly shows “the Legislature’s intent to fully occupy the area of criminalization and decriminalization of activity directly related to marijuana,” Franson said. Given California’s “extensive statutory scheme addressing crimes, defenses and immunities relating to marijuana,” state Supreme Court precedent dictates that the MMP prohibits law enforcement from refusing to accept a medical marijuana identification card as protection against arrest for the possession and cultivation of specified amounts of marijuana, the court found. The 32-page decision finds that subsection E of the Medical Marijuana Program, codified at 11362.71 of California’s Health and Safety Code, imposes an “obligation” on local officials not to arrest certain persons possessing or cultivating marijuana, and Fresno’s attempt criminalize possession and cultivation is not consistent with that duty. Though the superior court found that Fresno’s law did not conflict with the Compassionate Use Act and the Medical Marijuana Program, a three-judge panel of the Fifth Appellate District found Tuesday that Kirby has a narrow cause of action challenging the validity of Fresno’s classification of marijuana cultivation as a misdemeanor. She uses cannabis to manage her chronic pain, as recommended by her physician. Kirby lost her left leg in a serious accident in 1972 that also took her vision in her left eye, broke her back in three places and shattered her face. (CN) – Citing state protections for marijuana cultivation, a California appeals court struck down Fresno County’s criminalization of marijuana growing.ĭiana Kirby, an amputee living in Fresno who is allergic to pain medications, challenged the county’s law as unconstitutional. So the State of California has decided to ignore Federal law-and make the enforcement of Federal laws a crime! Too bad the very confused 77 year old Guv Brown also refuses to obey our immigration laws-but believes an SUV is more dangerous then the Syrian jihadists-and the Pakistani’s in San Bernardino.įresno Criminalization of Pot Struck Downīy ELIZABETH WARMERDAM, Courthouse News, 12/3/15įRESNO, Calif. The ordinance also limits the use of medical marijuana to qualified medical patients at their homes.ĭiana Kirby, an amputee living in Fresno who is allergic to pain medications, challenged the county’s law as unconstitutional.” “Citing state protections for marijuana cultivation, a California appeals court struck down Fresno County’s criminalization of marijuana growing.Īdopted in 2014 and amended this year, Fresno’s law prohibits the cultivation of medical marijuana and marijuana dispensaries in all zoning districts, and classifies violations of the ordinance as both public nuisances and misdemeanors. Instead of the criminals going to jail, the County was found guilty of stopping the cultivation of illegal marijuana. The County of Fresno, enforcing Federal law, stopped cultivation of marijuana-but no good deed goes unpunished. The Federal law is clear-it is illegal to grow, possess or sell marijuana. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |