Jacob Redmond
Well-Known Member
Bakersfield's medical marijuana ordinance, challenged in court last year, has withstood an appeal to the Fifth Appellate District Court in Fresno, City Attorney Ginny Gennaro said Friday.
The appellate court ruled in Bakersfield's favor, agreeing with a Kern County Superior Court judge that its ordinance banning medical marijuana dispensaries in city limits didn't change existing laws – and so the city did not violate the California Environmental Quality Act by approving it.
"Thus, the trial court was correct that the 2013 ordinance did nothing to change the city's zoning laws with respect to medical marijuana dispensaries," Fifth Appellate District justices wrote. "Since it made no change in the law, the adoption of the 2013 ordinance is exempt from CEQA."
When Bakersfield's medical marijuana ordinance took effect Aug. 1, 2013, the city had an estimated 24 dispensaries. Associate City Attorney Richard Iger said that number has now grown to around 44, with several opening recently.
"We've seen a big increase in the last two months. I wish I knew" why, Iger said.
The city hasn't been waiting for the appellate court ruling to prosecute dispensaries.
It has active cases in civil court against four dispensaries, with trial dates set for three next year, and as the result of prosecution, another dispensary will be closing soon, Iger said.
He said Thursday's ruling was decisive for Bakersfield.
"It's a big win for the city and I think it just confirms that our approach to CEQA was accurate," Iger said.
Gennaro said Bakersfield will continue to target dispensaries for closure with civil cases, but bolstered by its victory, may seek preliminary injunctions against them, also in civil court.
The city could have taken this step while the matter was still on appeal, Gennaro said, "but we felt we would be on stronger grounds once this particular case was concluded.
"We said from the beginning that this would be a process, and again, we always expect CEQA-type lawsuits, but it's wonderful to have this win under our belts. It keeps us moving forward," Gennaro said. "The ordinance on the books stands. It's good law."
Attorney Jamie Hall, who represented the appellants' group, Concerned Citizens of Bakersfield, said the decision was disappointing to his clients, as it should have been for city residents.
He said he hasn't talked to his clients yet about petitioning the matter to the California Supreme Court.
"A complete and total ban, as the city and Kern County are pursuing diligently, is neither in the best interest of residents or patients. Responsible regulation is in the interest of all parties. That can be difficult to adopt but it's the responsible thing to do," Hall said.
Councilman Terry Maxwell said the state of California missed "a golden opportunity" to establish a fee structure to responsibly regulate dispensaries and praised the city for how it handled the medical marijuana ordinance.
"I think we're always smart to move cautiously in things like this," Maxwell said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Appellate court upholds Bakersfield's medical marijuana - The Bakersfield Californian
Author: Theo Douglas
Contact: tdouglas@bakersfield.com
Photo Credit: Berkeley Patient's Group
Website: Bakersfield.com - Kern County news, events, shopping & search
The appellate court ruled in Bakersfield's favor, agreeing with a Kern County Superior Court judge that its ordinance banning medical marijuana dispensaries in city limits didn't change existing laws – and so the city did not violate the California Environmental Quality Act by approving it.
"Thus, the trial court was correct that the 2013 ordinance did nothing to change the city's zoning laws with respect to medical marijuana dispensaries," Fifth Appellate District justices wrote. "Since it made no change in the law, the adoption of the 2013 ordinance is exempt from CEQA."
When Bakersfield's medical marijuana ordinance took effect Aug. 1, 2013, the city had an estimated 24 dispensaries. Associate City Attorney Richard Iger said that number has now grown to around 44, with several opening recently.
"We've seen a big increase in the last two months. I wish I knew" why, Iger said.
The city hasn't been waiting for the appellate court ruling to prosecute dispensaries.
It has active cases in civil court against four dispensaries, with trial dates set for three next year, and as the result of prosecution, another dispensary will be closing soon, Iger said.
He said Thursday's ruling was decisive for Bakersfield.
"It's a big win for the city and I think it just confirms that our approach to CEQA was accurate," Iger said.
Gennaro said Bakersfield will continue to target dispensaries for closure with civil cases, but bolstered by its victory, may seek preliminary injunctions against them, also in civil court.
The city could have taken this step while the matter was still on appeal, Gennaro said, "but we felt we would be on stronger grounds once this particular case was concluded.
"We said from the beginning that this would be a process, and again, we always expect CEQA-type lawsuits, but it's wonderful to have this win under our belts. It keeps us moving forward," Gennaro said. "The ordinance on the books stands. It's good law."
Attorney Jamie Hall, who represented the appellants' group, Concerned Citizens of Bakersfield, said the decision was disappointing to his clients, as it should have been for city residents.
He said he hasn't talked to his clients yet about petitioning the matter to the California Supreme Court.
"A complete and total ban, as the city and Kern County are pursuing diligently, is neither in the best interest of residents or patients. Responsible regulation is in the interest of all parties. That can be difficult to adopt but it's the responsible thing to do," Hall said.
Councilman Terry Maxwell said the state of California missed "a golden opportunity" to establish a fee structure to responsibly regulate dispensaries and praised the city for how it handled the medical marijuana ordinance.
"I think we're always smart to move cautiously in things like this," Maxwell said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Appellate court upholds Bakersfield's medical marijuana - The Bakersfield Californian
Author: Theo Douglas
Contact: tdouglas@bakersfield.com
Photo Credit: Berkeley Patient's Group
Website: Bakersfield.com - Kern County news, events, shopping & search
