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Pot-Growers appeal rejected

An appellate court has denied an appeal by Yuba County marijuana growers to overturn a judge's ruling that blocks a voter referendum on the county's new pot cultivation ordinance.

The 3rd District Court of Appeal on Wednesday "summarily denied" the appeal filed by Yuba Patients Coalition and six growers. The emergency writ was filed Tuesday morning in response to Yuba County Superior Court Judge Benjamin Wirtschafter's denial of a temporary restraining order for the new ordinance.

Yuba County FACT update 4-7-2015

  • Superior Court Jude Ben Wirtschafter, denied a request by the Marijuana Growers to be allowed to turn in the signatures they have gathered for a Referendum attempt. He also said he would make a ruling, later this week, on their request for a temporary injunction to halt the enforcement of the Marijuana Ordinance. Editors Comments: Last week the same Judge denied the marijuana growers request to halt the enforcement of the Ordinance by a Restraining Order, so now they ask for the same thing under a different type of ruling.

Ruling expected soon in Yuba County pot case

Yuba County marijuana growers seeking a court order to delay enforcement of the county's new cultivation ordinance will have to wait a few more days for a ruling.

Judge Benjamin Wirtschafter on Tuesday took under submission a preliminary injunction being sought by Yuba Patients Coalition and six individual growers. The injunction would halt enforcement of the new ordinance while a lawsuit works its way through the legal system.

Ordinance 1538

Summary of Ordinance #1538 adopted March 10, 2015

• Marijuana can only be cultivated on a parcel that has a legally established and permitted dwelling/residence
• Outdoor cultivation and cultivation within any dwelling/residence is prohibited
• Cultivation of more than 12 plants is prohibited. 12 plants is the maximum number of marijuana plants per parcel regardless of parcel size
• There is no distinction between a mature or an immature marijuana plant

Judge allows urgency on new ordinance to remain

A Yuba County Superior Court judge has denied a bid by medical marijuana growers to restore their ability to seek a voter referendum on the county's new ordinance.

FACT Update 4-3-2015 - Growers' TRO request denied in court

This morning at approximately 10:40 am, at the Yuba County Superior Court in Marysville, the Honorable Judge Ben Wirtschafter denied a Temporary Restraining Order that would have stopped Yuba County from enforcing the new Marijuana Cultivation Ordinance and would have allowed the marijuana growers to collect signatures for a Referendum on the Ordinance.

Yuba County pot growers seek court order

Yuba County medical marijuana growers are seeking a court order today to give them the go-ahead to submit signatures for a voter referendum on the county's new marijuana cultivation ordinance.
A Yuba County Superior Court petition filed Thursday seeks a ruling declaring invalid the Board of Supervisors action to approve the law as an urgency ordinance.

Public Safety: Pot, LSD, cocaine seized from home

Anti-drug agents seized 215 marijuana plants, LSD, cocaine and tools for a butane honey oil lab from an Oregon House home after the homeowner allowed a sheriff's deputy on to his property, NET-5 officials said.
Along with the plants, agents found 47 pounds of processed buds, 97 pounds of shake, 2.5 pounds of honey oil, three-quarter pounds of hash, 20 tabs of LSD and five grams of cocaine

Lawsuit takes on Yuba County pot ordinance

Yuba County's new medical marijuana cultivation ordinance is cost-prohibitive for most patients to abide by and unconstitutionally deprives them of growing their own plants, a lawsuit filed against the county states.
The suit filed late Thursday by four county growers also challenges the Board of Supervisors' approval of the more restrictive pot growing regulations as an urgency ordinance. It says the county didn't identify any circumstances to make the ordinance an urgency matter, which meant it went into effect immediately instead of after a 30-day waiting period.

Yuba County FACT update 3-29-2015

  • As expected, the Yuba County POT Growers have filed a lawsuit to overturn the revised Yuba County Growing Ordinance. They are also expected to request an injunction (place the revised ordinance on hold until the suit is settled). The suit was filed by an attorney connected to a national marijuana lobbing organization. He also wants you, the taxpayer, to pay for court costs. This is their standard tactic, a similar suit was filed in Butte County the week before.


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