Pubdate: Tue, 26 Jan 2016
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2016 Appeal-Democrat
Contact: 
https://appeal-democrat-dot-com.bloxcms-ny1.com/site/forms/online_services/letter/
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343
Author: Eric Vodden

TRIAL OVER YUBA CULTIVATION ORDINANCE DELAYED TO SUMMER

A Yuba County Superior Court jury trial on the constitutionality of 
the county's marijuana cultivation ordinance is being delayed until 
this summer.

Judge Benjamin Wirtschafter approved a request by Yuba County to move 
the scheduled March 16 trial to July 26. A settlement conference is 
scheduled June 16.

The move came after the county requested the delay to allow 
additional time for pretrial motions.

Yuba Patients Coalition and six individuals filed the suit 
challenging the constitutionality of the county's medical marijuana 
cultivation ordinance approved in spring 2015. The regulations ban 
outdoor growing and limit indoor plants to a dozen in a qualified 
accessory structure.

Complicating the matter is the trial would now follow the June 7 
primary election, when county voters will consider an initiative to 
replace the existing cannabis growing ordinance. The initiative calls 
for less restrictive regulations.

If the initiative fails, it would leave the existing regulations 
intact and would seemingly make the trial date still relevant.

But if the initiative passes, it's unclear what the effect of the 
lawsuit would be on the county's ordinance since it would be replaced 
by new voter approved regulations.

In challenging the constitutionality of the existing regulations, the 
suit maintains the ordinance is vague and it discriminates against 
those who can afford to comply with requirements for accessory 
structures. It also challenges an urgency designation when the Board 
of Supervisors approved the ordinance and effectively took away 
opponents rights to circulate referendum petitions.
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MAP posted-by: Jay Bergstrom