7/22/2014

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Court: Marijuana measure can stand for now; battle continues

Court: Marijuana measure can stand for now; battle continues
BAKERSFIELD, Calif. (KBAK/KBFX) — The legal wrangling over voter-approved Measure G took another turn as Kern County Superior Court Judge Kenneth Twissleman upheld the measure but said the county has 30 days to come up with a review plan on how to get the measure to comply with the California Environmental Quality Act, or CEQA.

If the county fails to come up a review plan acceptable to the court, Measure G could be invalidated and tossed out.

A group of county medical marijuana shops and patients sued Kern County after voters approved Measure G in June 2012.

The measure required medical marijuana collectives to be located only on industrial land along with a host of other restrictions. The shops had to be at least one mile away from schools, day care centers, public parks, churches or other marijuana dispensaries.

But in August, Twissleman found the ordinance to be in violation of the California Environmental Quality Act, or CEQA. The court found the county failed to do an environmental review before sending the measure to the voters.

In a court hearing on Friday, Twissleman tentatively ruled Measure G could stand, but the county must first come up with a plan on how it will conduct an environmental review.

The county has 30 days to do so before it returns to court. If the court finds the review plan unacceptable, then Measure G could be invalidated.
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