Live Oak Pot Advocates Appeal Ruling Upholding City’s Cultivation Ban

SAN FRANCISCO (AP) – Medical marijuana activists are appealing a California court decision that upheld a Northern California city’s ban on marijuana cultivation.

Members of the Live Oak Patients, Caregivers and Supporters Association petitioned the California Supreme Court on Friday to review the decision issued in November by the Third District Court of Appeal.

Joe Elford, chief counsel with Americans for Safe Access, writes in the petition that prohibiting qualified medical marijuana users from growing their own pot violates the state’s medical marijuana laws.

The Supreme Court ruled last year that local governments can outlaw marijuana dispensaries. The Third District said the reasoning in that decision applies to growing marijuana as well, but Elford maintains they are separate issues.

Fresno County lawmakers have given preliminary approval to a ban on home-grown marijuana and are scheduled to take a final vote on Tuesday.

Copyright 2014 The Associated Press.

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