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Judge Prohibits Action by Tulare County Against Medical Marijuana Farm

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A judge has issued a temporary restraining order prohibiting Tulare County agencies from removing or destroying medical marijuana from a small farm just north of Visalia.

But county Superior Court Judge Melinda Reed's order today will stay in effect only until Wednesday, when lawyers representing Tulare County are expected to submit their written arguments against the application for a restraining order against the county filed with the court earlier this week by Richard Daleman.

He leases five acres of mostly farmland near Highway 63 and the St. Johns River. Daleman rents out portions of that land to 40 people to grow marijuana that they smoke or ingest to treat medical conditions.

Daleman, himself a medical marijuana user, said he started the business a couple of years ago and believes he has a right to do so under California's Compassionate Use Act, which legalized the use, possession and growing of marijuana by people with doctors' recommendations.

The county Resource Management served Aug. 31 Daleman and his landlord a cease and desist order, claiming the business violates the county's 2009 medical marijuana ordinance.

Among its provisions is that medical marijuana can be grown only on commercially-zoned land – not land zoned for farming, including Daleman's plot – and the growing has to be done inside buildings with walls and roofs.

The order gives Daleman until Saturday to stop allowing the plants to be gown on the land and to clear out the marijuana, which number about 3,500.

Daleman's lawyer, John Ryan, filed an application with the court claiming the county ordinance violates the state's medical marijuana laws and related court rulings. It also seeks a restraining order to stop the county from shutting down the business.

Reed said she wanted to give the county time to provide a written response to Daleman's application, and issued the restraining order against the county until another hearing set for Wednesday in front of Judge Paul Vortmann.

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News Hawk- Jacob Ebel 420 MAGAZINE
Source: visaliatimesdelta.com
Author: David Castellon
Contact: Contact Us
Copyright: visaliatimesdelta.com
Website: Judge prohibits action by Tulare County against medical marijuana farm
 
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