Pubdate: Wed, 02 Dec 2015
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2015 Appeal-Democrat
Contact: 
http://www.appeal-democrat.com/sections/services/forms/editorletter.php
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343

COURT OKS FRESNO'S CULTIVATION BAN

FRESNO (AP)  A state appeals court has upheld Fresno County's ban on 
marijuana cultivation, but struck down a provision that criminalizes 
pot cultivation as a misdemeanor.

The 5th District Court of Appeal said Tuesday the cultivation ban 
does not conflict with state laws that allow cultivation of marijuana 
for medical use.

The appeals court said the state laws do not expressly prevent a 
local government from restricting land use.

Another state appeals court previously upheld a similar cultivation 
ban by Live Oak.

The 5th District court, however, said the county's classification of 
marijuana cultivation as a misdemeanor is overridden by a state law 
that does not allow local officials to arrest some marijuana growers.

After-hours calls to attorneys in the case were not returned.
- ---
MAP posted-by: Jay Bergstrom