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County Attorney Defends Marijuana Ordinance

A stream of calls were coming in to the Nevada County Sheriff’s Office Wednesday, the day  following the passage of an Ordinance to regulate Medical marijuana Cultivation in the county.  Most of the callers were angry, saying they want the ordinance repealed, and  some were threatening to sue the county.  Nevada County Council Allison Barratt Green says she has crafted several ordinances in her legal career and feels this one will stand up to challenge.

click to hear Allison Barratt Green

If someone did attempt to facially challenge the ordinance,  Green says  they would have to show that it was vague in all applications.   In terms of state law Green says this a civil ordinance and criminal law does not apply.
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The County Attorney  says it is her opinion that the marijuana ordiance will stand up to challenge.   She also says there is room for the Board to modify the ordinance as they go along and find elements that are not working.

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