Court Challenge to Clearlake Medical Marijuana Cultivation Ban

clearlake medical marijuana, medical marijuana cultivationCourt challenge to Clearlake medical marijuana cultivation ban. A March 19, 2015 California NORML article discuses a California NORML supported lawsuit against a ban on medical marijuana cultivation enacted in Clearlake California. The case is being filed in Lake County Superior Court on behalf of several Clearlake residents who use medical marijuana to treat the pain from chemotherapy and radiation treatments, neuropathy from fibromyalgia, and symptoms associated with a brain aneurism. According to the article, the attorney in the matter stated “The Clearlake ordinance is not only extremely cruel, but it is also illegal under California law.” “Both the state electorate and legislature have stated that medical marijuana patients may cultivate the medicine they need for their personal medical use. This ordinance conflicts with both the spirit and letter of California law, so it should be struck down as pre-empted by those laws.”

Should the lawsuit not succeed in Superior Court, it seems the decision can be appealed to the First Appellate District. “Banning medical marijuana cultivation violates the clear intent of Prop. 215 to assure that medical marijuana patients have safe and affordable access to medical marijuana,” said Dale Gieringer, Director of California NORML.


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