February 17th, 2016
A legal challenge to Fresno County's ban on medical marijuana cultivation and storage drew attention as attorneys questioned whether local governments could prohibit activities protected under California's Compassionate Use Act. The ordinance threatened qualified medical cannabis patients with substantial fines, destruction of their cannabis, and potential criminal penalties for cultivating marijuana for personal medical use.
Our very own Henry Wykowski and Associates, working alongside the ACLU Foundation of Northern California, challenged the ordinance on behalf of 73-year-old medical cannabis patient Diana Kirby. The lawsuit, originally filed in 2014, argued that Fresno County's restrictions conflicted with California's voter-approved medical marijuana protections and were preempted by state law. Although the Court of Appeal determined that qualified patients could not be criminally punished for violating the ban, it otherwise upheld most of the ordinance. The California Supreme Court subsequently denied review in February 2016.
The case highlighted the ongoing tension between local regulatory authority and statewide medical cannabis protections, raising important questions about patient access, local government restrictions, and the scope of California's medical marijuana laws. The litigation also reflected the firm's involvement in advocating for medical cannabis patients and challenging restrictions on their ability to cultivate cannabis for personal medical use.
