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Wednesday, April 8, 2015

Yuba Marijuana Cultivation Ordinance Injunction Sought

Will Yuba County have to delay enforcement of its new Medical Marijuana Ordinance because of an injunction sought by the cultivators? Both cultivators and the county will not know the answer to that question for a few days.

The preliminary injunction being sought by six cultivators and Yuba Patients Coalition would preclude the county from enforcing the new medical marijuana ordinance approved by the Board of Supervisors on March 10th which became effective immediately because of the Board’s urgency declaration.

The injunction would halt enforcement actions while the lawsuit wends its way the through the system.

Yuba County Superior Court Judge Benjamin Wirtshafter has taken the matter under submission and will likely rule before the end of the week.

In a hearing before Judge Wirtshafter last week, Attorney Joseph Elford asked that an injunction against the urgency declaration be granted allowing cultivators and patients the opportunity to submit petition signatures for a voter referendum. Judge Wirtshafter denied that request.

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