Robert Celt
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The 5th District Court of Appealin Fresno may have dealt a lethal blow against Kern County in its attempt to shut down medical marijuana dispensaries.
"This is a game-changer of an opinion," said Deputy Kern County Counsel Charles Collins. "If this decision becomes effective, it would definitely affect efforts to shut down medical marijuana dispensaries that do not comply with the zoning ordinance."
For years, the county has tried to shut down, if not outright ban, medical marijuana dispensaries in the unincorporated areas. But the way the county has gone about it ran afoul of the law, according to the ruling issued on Tuesday.
"What the court has held here is that the county went too far," said Collins.
Medical marijuana advocates were pleased with the court ruling.
"I really think it's got the county in kind of a pickle, and I enjoy it," said Bakersfield attorney Phil Ganong. Instead of pursuing further efforts fighting medical marijuana dispensaries, Ganong said the Kern County Board of Supervisors need to take a fresh and open approach to the issue.
"It should drive them to be reasonable, meet with the stakeholders and come up with some reasonable regulations," said Ganong. "Allow the county sheriff to walk through these (dispensaries) every week, every day if they want to, they're permitted under state law."
Collins said the next step for the county is to determine if the county has grounds for an appeal, noting that the Board of Supervisors has other options it can pursue, including regulating dispensaries.
The county has 30 days to file an appeal before the court ruling goes into effect. Asked if he expects the county to file an appeal, Ganong said he hopes the county does file an appeal. Why?
"Because they're going to get the stake driven through their heart," said Ganong.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Kern County's Effort To Ban Medical Marijuana Shops May Have Gone Up In Smoke
Author: Jose Gaspar
Contact: Bakersfield Now
Photo Credit: Getty Images
Website: Bakersfield Now
"This is a game-changer of an opinion," said Deputy Kern County Counsel Charles Collins. "If this decision becomes effective, it would definitely affect efforts to shut down medical marijuana dispensaries that do not comply with the zoning ordinance."
For years, the county has tried to shut down, if not outright ban, medical marijuana dispensaries in the unincorporated areas. But the way the county has gone about it ran afoul of the law, according to the ruling issued on Tuesday.
"What the court has held here is that the county went too far," said Collins.
Medical marijuana advocates were pleased with the court ruling.
"I really think it's got the county in kind of a pickle, and I enjoy it," said Bakersfield attorney Phil Ganong. Instead of pursuing further efforts fighting medical marijuana dispensaries, Ganong said the Kern County Board of Supervisors need to take a fresh and open approach to the issue.
"It should drive them to be reasonable, meet with the stakeholders and come up with some reasonable regulations," said Ganong. "Allow the county sheriff to walk through these (dispensaries) every week, every day if they want to, they're permitted under state law."
Collins said the next step for the county is to determine if the county has grounds for an appeal, noting that the Board of Supervisors has other options it can pursue, including regulating dispensaries.
The county has 30 days to file an appeal before the court ruling goes into effect. Asked if he expects the county to file an appeal, Ganong said he hopes the county does file an appeal. Why?
"Because they're going to get the stake driven through their heart," said Ganong.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Kern County's Effort To Ban Medical Marijuana Shops May Have Gone Up In Smoke
Author: Jose Gaspar
Contact: Bakersfield Now
Photo Credit: Getty Images
Website: Bakersfield Now
