Defending a Challenge to Marijuana Cultivation Ordinance

David Norton successfully defended a challenge to a County of Tehama ordinance that bans the outdoor cultivation of marijuana. The petitioner, a medical marijuana patient association, sought an order from the Tehama County Superior Court that the County’s ban on outdoor cultivation of marijuana was unconstitutional and in conflict with California law. The court upheld the County’s ordinance on the grounds that the outdoor cultivation ban was within the County’s right to enact reasonable regulations to regulate the cultivation of marijuana.

The court sustained the Demurrer to plaintiff’s first amended complaint without leave to amend filed by firm.  The court agreed that plaintiff’s causes of action were not timely filed within the statute of limitations.   Plaintiff had various theories of civil liability against the former deputy district attorney and criminal defense attorneys involved in his prior criminal conviction.