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State High Court Upholds Local Controls on Medical Marijuana

Local leaders of the pro medical marijuana movement are reacting to the state Supreme Court rejection of arguments that local governments cannot bar activity that is legal in California.  In the 42 page opinion
Associate Justice Marvin R. Baxter wrote California laws may remove state level criminal and civil penalties from medical marijuana activities, but they do not establish a comprehensive state system of legalized medical marijuana,  or grant a right of convenient access to marijuana for medicinal use through cooperatives, collectives or dispensaries. The much-anticipated opinion stems from a Riverside zoning ordinance prohibiting the use of property in the city as a marijuana dispensary.

Americans for Safe Access Nevada County Chapter President Patricia Smith says the ruling drives a dagger through the heart of prop 215.
click to hear Patricia Smith

ASA Nevada County chapter filed   suit against Nevada County’s medical marijuana growing ordinance  last May but ASA attorney Jeff Lake has told Smith  the high court ruling will invalidate their law suit on several fronts. Their next court date is May 17th.

click to hear Patricia Smith

ASA is now going forward with  an initiative drive to   repeal the county ordinance and replace it with a new one  to allow  6 plants per recommendation, and allow collective gardens on larger parcels while protecting neighbors and providing safe access for patients.
Smith says the initiative to repeal the county ordinance would begin with a drive to collect 13 thousand signatures in Nevada county before a special election could be called.
ASA Nevada County has called an emergency meeting Saturday May 18th  for cultivators and patients lead by attorney Jeff Lake so they know what to expect in the coming growing season.

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