California Court of Appeal

Judgment dismissing petitioner's challenge to county's ordinance that regulates the cultivation of medical marijuana is affirmed, where: 1) neither the Compassionate Use Act nor the Medical Marijuana Program grants an unfettered right to cultivate marijuana for medical purposes, and therefore county's ordinance does not conflict with either statute; and 2) nothing in the Ordinance bans the cultivation of medical marijuana outright and petitioners fail to plead its provisions ban cultivation in all or most circumstances, so petitioner's facial challenge to the ordinance fails.

Appellate Information

• Decided 02/06/2013
• Published 02/06/2013

Judges

• DUARTE

Court

• California Court of Appeal

Counsel