Pubdate: Wed, 02 Dec 2015
Source: Fresno Bee, The (CA)
Copyright: 2015 The Fresno Bee
Contact:  http://www.fresnobee.com/
Details: http://www.mapinc.org/media/161
Note: Does not publish letters from outside their circulation area.

APPEALS COURT OKS FRESNO COUNTY'S POT CULTIVATION BAN

The Associated Press

FRESNO, Calif. (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, a city in Sutter County.

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 immediately returned.
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