Pages tagged "Live Oak"

  • Maral v. Live Oak – Local Politics Matter

    A local ban on all medical cannabis cultivation stands after the California Supreme Court refused to hear an appeal on Wednesday in Maral v. Live Oak, an appellate decision permitting cities and counties to prevent patients from growing their own medicine, despite the fact that it is allowed under state law. The decision means that a ban on all cultivation adopted by the City of Live Oak in 2011 will be precedent for other cities and counties to follow.

    The Maral decision is a second blow to patients’ rights in California. Last year, the state supreme court held in Riverside v. Inland Empire Patients Health and Wellness Center that local governments could ban distribution of legal medicine. Maral and Riverside are a one-two punch for California patients and providers. By allowing local governments to prevent any cultivation or distribution of medical cannabis, the courts are, in effect, authorizing jurisdictions to opt out of crucial parts of Proposition 215.

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