That's Weak!!!! I hope somebody sues the FUCK out of the county.. Cali state law says were legal 2 grow but the tiny Lil Fresno County says we can't that don't make sence 2 me.. A Lil county is more powerful then a state law? What kind of shit is that... Fresno thinks they have power 2 change a state wide law? That's Bullshit
City and county law actually can trump state law in this case, as with most states the state has impowered the municipalities to emplament local guidence/control of mmj thru zoning and ordinances.
Here in Colorado, where its legal sd well, there a ton of cities/municipalities using city zoning, permits, and ordinances to basically move the despensaries out of town and there is nothing anybody can do.....all of the law suits from many many groups of despensary owners and patient groups to challenge it have failed hands down and unheld by the states supreme court across the board so far.
Get ready Cali, it seems to be a natrual arc, med state legal, despensaries regulated outta the game, patients back to the old game we have had for years..
This is nothing new in central cal they have been trying to shut them down for a few years, Just last year in tulare county they gave them 30 days to shut down, They all pulled there signs and went on business as ussual. One thing ive heard from one owner was they are not a despensary they are a collective and for some reason that gives them more rights to stay open? Either way they dont do anything but threaten and put it out in the news to scare everyone from a free for all on growing and selling. Theyve been going around telling people they have pull up all there out door plants or there under arrest, If you dont pull them they back off and leave doing nothing, They dont want to get sued if they (the cops) pull them, LOL
Why would they give them 6months in fresno? Im guessing because they are just hoping they will make there last few dollars and get out with out a fight.
FRESNO, Calif. (KFSN) -- A medical marijuana operation in the South Valley must shut down. A judge ruled earlier this week, "J and J Compassionate Care" must remove all medical marijuana plants and close by Friday.
The decision in Tulare County was part of a ruling on Tuesday, restricting marijuana collectives to indoor growing facilities in areas zoned for industrial or commercial use.
"J and J Compassionate Care", claimed it was allowed to grow medical marijuana outside on property zoned for agriculture. The collective's owner told Action News he plans to appeal the ruling.
215 nothing about store front sales. Got to go with the " Collective" concept. Cities just tolerate store front then say you got to go. If these store fronts want to stay open do what Harbor Side does in Oakland, pay the right people off and put the homeless to work.....
Tulare county is pushing the zoning to be commercial with security for these clubs and they say they want all the grows indoor. Some are just in bad spots.
Foothill is running a dispencary in the middle of no where that has been zoned ag before they even moved in and growing 5000 plants outdoor on ag land in a totally seprate location. The news clip didnt say anything but they where given til today to pull there plants. From what ive heard.
JandJ is in a old store on the edge of a whole neighborhood.
Tulare county might put up with them if hey just get in the commercail zoning and keep grows insdie and the rooms build to code. For some reason they dont want anything outside unless its in a greenhouse that is secure.
Here in Coloado, they made the law where you can not use any AG land for commercial mmj production at all...first you have to get it re-zoned as strait commercial or multi-use property before you can even be concidered for a permit.
More than likely you are goin to end up with some real restrictive zoning that will basically put all despensaries on the outskirts or in very special isolated commercial districts in each town....
Next they will apply what they call saturation studies to determine how many despensaries they may actually allow in any specific area based on need or registered patient concentration. Some towns may opt to just have one depesensary or two and some my opt out all together and have no despensaries. They may even adopt the Arizona model of no more despensaries than pharmacies and tag a formula to it, thats why there were only 126 potiential despensary liscenses issued state wide..
Next they use public transport as an arguement for access, if your on a bus or rail line that services a town with no despensaries, the town sees that as access and there is no need for them to incure the hassle of a despensary in their town as well.
My guess is that Cali is just about to get hit with what Colorado and other states have been implementing already right between the eyes....get ready, it gets absurd and costly
Closing down cooperatives and collectives--legal.
Limiting individual plant counts? Not so legal!
The previous two points that I've called 'legal' are actually instances where these models are not specifically made legal by Proposition 215. All it says is that local and state government (or was it state and fed?) is encouraged to allow meds to be made available to patients.
TULARE COUNTY, Calif. (KFSN) -- A South Valley medical marijuana collective has shut down after a "cease and desist" order from the court this week.
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A Tulare County judge ruled Foothill Growers Association could not operate on agriculturally-owned land. Foothill Growers tried to argue that medical marijuana was Ag crop but the judge denied the claim.
The Tulare County ordinance requires collectives to operate on industrial or commercially-zoned property and grow plants outside. The collective was violating both rules.
Foothill Growers says it plans to appeal the judge's decision and will be moving to a location on commercially-zoned land.