- Associated Press - Tuesday, December 1, 2015

FRESNO, Calif. (AP) - A state appeals court has upheld Fresno County’s ban on marijuana cultivation, but struck down a provision that criminalizes pot cultivation as a misdemeanor.

The 5th District Court of Appeal said Tuesday the cultivation ban does not conflict with state laws that allow cultivation of marijuana for medical use. The appeals court said the state laws do not expressly prevent a local government from restricting land use.

Another state appeals court previously upheld a similar cultivation ban by Live Oak, a city in Sutter County.

The 5th District court, however, said the county’s classification of marijuana cultivation as a misdemeanor is overridden by a state law that does not allow local officials to arrest some marijuana growers.

After-hours calls to attorneys in the case were not immediately returned.



Copyright © 2019 The Washington Times, LLC.

The Washington Times Comment Policy

The Washington Times welcomes your comments on Spot.im, our third-party provider. Please read our Comment Policy before commenting.

 

Click to Read More and View Comments

Click to Hide