No Unfettered Right To Cultivate Marijuana.

Plaintiffs are a group of individuals who use marijuana for medical purposes. They petitioned the superior court to rescind a county ordinance which declares it a nuisance to cultivate more than a certain number of plants depending on the size of the premises. The Ordinance also declares it a nuisance to cultivate marijuana within 1000 feet of any school, school bus stop, school evacuation site, church, park, child care center, or youth-oriented facility.  The trial court sustained a demurrer without leave to amend. The appellate court affirmed, stating plaintiffs’ premise is flawed, and that neither the Compassionate Use Act nor the Medical Marijuana Program grants anyone an unfettered right to cultivate marijuana for medical purposes.  Browne v. County of Tehama  (Cal. App. Third Dist.;  February 6, 2013) (Case No. C068800).