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Medical Marijuana Policy

Fresno Being Sued By ACLU Because Of Marijuana Cultivation Ban

medical marijuana advertising ban outdoor denverThe right to grow medical marijuana is something that California medical marijuana patients have relied upon for years. Growing ones own medical marijuana is cheaper than purchasing marijuana from dispensaries, and gives the patient more control over the medicine that they rely on for relief. Plus growing marijuana is fun and rewarding, and if you grow enough, you can help out other patients in need. Taking the right to home cultivation away is damaging to patients.

More and more California cities and counties are pursuing growing bans. One of those cities is the City of Fresno. The City of Fresno passed an ordinance banning all marijuana cultivation within city limits. The city cited public safety concerns for the reason behind the ban. The ban has resulted in a lawsuit being filed against the city. Per CBS:

The American Civil Liberties Union is suing the City of Fresno and Fresno County over their decision to ban marijuana cultivation.

The ACLU says the laws run counter to state law, which allows marijuana cultivation for medical purposes.

The lawsuit was filed on Tuesday on behalf of two Fresno residents who say they use marijuana to treat pain.

A cultivation ban was passed in the City of Live Oak in Northern California too. That ban was challenged, and the court overseeing the challenge ruled in favor of the city. Only time will tell if the same thing happens in Fresno. California is a cluster F when it comes to marijuana laws. State law says one thing, local ordinances say another thing, and case law sometimes says something even different still. I can’t wait until California legalizes marijuana for recreational purposes, although, bans and ordinances are likely to pop up against recreational grows as well.

  • Johnny oneye

    Seems like the people who voted “no”
    Want to undermine prop 215
    Prohibition profiteering
    Trying to put the genie back in the bottle and taxpayers foot the bill for these yahoos
    Cannabis was decriminalized long ago in Cali
    No wonder there is so much crime in ca , keystone cops and idiot lawmakers
    You’re tax dollars hard at work

  • Captain Obvious

    At the very least, the right to grow for an illness should be added as another constitutional amendment. We have a right to life, liberty, and pursuit of happiness from the Declaration of Independence.
    Though, our founding fathers probably are rolling in their graves since they wanted prohibition to be unconstitutional. Alcohol prohibitionists got their amendment to make it less vulnerable to repeal right away. So a standard non-amendment alcohol prohibition law could have been easily challenged as unconstitutional.

    “A prohibition law strikes a blow at the very principles upon which our government was founded.” ― Abraham Lincoln

  • Robert Dewayne King

    I remember when the city of Jacksonville Beach FLA tried to reduce the speed limit thru certain parts of town got told by the state that “They did not have the authority” to alter the state law to suit themselves , and VA beach VA ran afoul of that same problem when they tried to prohibit sailors in uniform from entering waterfront drinking establishments ! ( That also is against fed laws )
    If the state law says one thing and a municipality’s ordinances are in conflict with those laws , the state wins ! (provided the beaurocrats in charge are not trying to circumvent said laws in accordance with their OWN agenda ! )

  • David Aberle

    It’s time to rise up and vote all of these anti-marijuana officials out of office.
    From now on, we should expect public officials seeking office this November to strengthen our rights to use and cultivate cannabis. Smoking cannabis substantially reduces the amount of vomiting I endure each day. For me, vomiting is induced by opioids in my pain pump (implanted in my abdomen) that are injected into my spinal chord. Because the medication is introduced directly to the brain via the spinal-cord, the dose of opioids is tiny, just enough to relieve severe nerve pain. And while it totally resolves my pain for a few hours, this tiny amount of opioid medicine causes me to puke my brains out. I’ve tried for years to deal with this issue but found smoking marijuana was the only thing that provided relief.

    I’m guessing that my suffering doesn’t matter at all to the jerks that run the city I live in. Even though I am american born citizen, a disabled Veteran (USMC), I now must live under the rules fashioned by some asshole mayor who wasn’t even born in the USA, and by the cronyism of a 5 member city council.
    To me it seems very obvious that our Federal, State, and City government officials have been hopelessly corrupted, with their campaigns financed by the influential Prisons & Defense industries, to prevent any change to the status quo of these business interests.

    We the People spoke when we voted (by an astounding majority) to legalize the use of medical marijuana. This bullshit of introducing ordinances that water down legislation the people of the state voted in favor of, can’t be tolerated. I want the ACLU to add the city of Milpitas California to the list of cities being sued.