Constitutional Law
Equal Protection
Medical Marijuana Collectives
Medical Marijuana Collectives v. County of Kern
Published: Dec. 31, 2011 | Result Date: Aug. 26, 2011 | Filing Date: Jan. 1, 1900 |Bench Decision – Defense
Court
Kern Superior
Attorneys
Plaintiff
Philip W. Ganong
(Ganong Law Office)
Defendant
Mark L. Nations
(Office of the Kern County Counsel)
Facts
Kern County passed an ordinance prohibiting growing more than 12 marijuana plants on one piece of property.
Contentions
PLAINTIFF'S CONTENTIONS:
Owners of a medical marijuana collective filed suit against the County, alleging the ordinance violated state law.
DEFENDANT'S CONTENTIONS:
The County contended that the ordinance was not prohibited by state law, and was passed to protect citizen's health and safety, a reasonable government goal.
Damages
The owners sought a preliminary injunction to prevent enforcement of the ordinance.
Result
The court denied injunctive relief.
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