http://www.canorml.org/news/Live_Oak_medical_marijuana_cultivation_ban_challenge.html
December 11, 2013 - In an action supported by California NORML,
medical marijuana patient James Maral will file a petition with the
California Supreme Court to review the recent Third District Appellate Court decision upholding the city of Live Oak’s ban on medical marijuana cultivation.
San Francisco Attorney Joe Elford will draft and file the petition.
“If you ban dispensaries and you ban cultivation, you’re ripping the
heart out of California's medical marijuana laws,” said Elford. "This
decision conflicts with the intent of the electorate and Legislature and
should not be allowed to stand."
The announcement comes a day after Fresno county took steps to enact a
total cultivation ban on first reading at its Board of Supervisors
meeting. A second reading on the ordinance will take place on January 7.
Maral, 42, suffers from compartment syndrome, a painful life- and
limb-threatening condition caused by insufficient blood supply to
muscles and nerves. In addition, he has six damaged discs in his back,
the result of his work as a heavy equipment driver. He and his family
have lived in Live Oak for 15 years.
Maral is also a caretaker for his mother Donneda Maral, who has
severe diverticulitis and Crohn's disease, for which she is frequently
hospitalized.
"The only thing I'm fighting for is the patients who just want a
couple of plants in their backyard," said Maral. "I'm not willing to let
my mother die or live out the rest of her time in a hospital." The
Marals live at least two hours away from any medical marijuana
dispensary.
Cultivation is exempted from state law for medical marijuana patients
by Proposition 215, passed by the voters in 1996. State law SB420
established a "floor" of 6 mature or 12 immature plants as allowable per
patient, permitting cities and counties to pass ordinances allowing for
greater, not lesser, amounts. The California Supreme Court threw out
SB420's limits in People v. Kelly (2010), opting instead for allowing whatever a patient needs to grow.
Live Oak’s ban on medical marijuana cultivation took effect in
January 2012, over the objections of local citizens. The only other
known jurisdiction currently banning all medical marijuana cultivation
is Tracy. Sacramento county has passed an ordinance zoning out anything
federally illegal, and Sacramento sheriffs were out this year enforcing
it by taking out gardens. The city of Selma rolled back their
cultivation ban on October 16, voting to allow permitted, indoor
gardens.
Prop. 215 co-author and CalNORML director Dale Gieringer, who sat on
the state committee that wrote SB420, said, "The right of patients to
grow their own medicine is fundamental to Prop. 215's stated purpose of
ensuring that 'seriously ill Californians have the right to obtain and
use marijuana for medical purposes.' The city of Live Oak has no
legitimate business prohibiting Mr. Maral from growing the medicine he
needs at his own private residence."
Established in 1972, California NORML is the state chapter of the
National Organization for the Reform of Marijuana Laws. We are a
non-profit, membership organization dedicated to reforming California's
marijuana laws. Our mission is to establish the right of adults to use
cannabis legally.
Also see: Pot proponents vow appeal to state Supreme Court in Live Oak case
Appeal Democrat, December 12, 2013
Monday, December 16, 2013
Monday, December 9, 2013
Legalize @ California 2014
Jacks; WOOT
http://www.cchi2014.org/
Regulate like wine; ehhh
http://oag.ca.gov/system/files/initiatives/pdfs/13-0053%20%2813-0053%20%28Marijuana%20V2%29%29.pdf
Manufacturer.
A cannabis manufacturer is any registered business dedicated to the germination, cultivation, production, processing, conversion, extraction, in-vitro testing, distribution, or wholesale of cannabis. The registration fee for a cannabis manufacturer shall be an annual fee of five thousand dollars ($5,000), plus one hundred and fifty dollars ($150) per 100 square feet of cannabis plant canopy.
DPA; AKA Big Business Prop 19 back
http://www.thedailychronic.net/2013/26740/third-marijuana-legalization-initiative-filed-in-california-for-2014/
http://www.cchi2014.org/
Regulate like wine; ehhh
http://oag.ca.gov/system/files/initiatives/pdfs/13-0053%20%2813-0053%20%28Marijuana%20V2%29%29.pdf
Manufacturer.
A cannabis manufacturer is any registered business dedicated to the germination, cultivation, production, processing, conversion, extraction, in-vitro testing, distribution, or wholesale of cannabis. The registration fee for a cannabis manufacturer shall be an annual fee of five thousand dollars ($5,000), plus one hundred and fifty dollars ($150) per 100 square feet of cannabis plant canopy.
DPA; AKA Big Business Prop 19 back
http://www.thedailychronic.net/2013/26740/third-marijuana-legalization-initiative-filed-in-california-for-2014/
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