FRESNO, Calif. (AP) — A state appeals court has upheld Fresno County's ban on marijuana cultivation, but struck down a provision that criminalizes pot cultivation as a misdemeanor.
The 5th District Court of Appeal said Tuesday the cultivation ban does not conflict with state laws that allow cultivation of marijuana for medical use. The appeals court said the state laws do not expressly prevent a local government from restricting land use.
Another state appeals court previously upheld a similar cultivation ban by Live Oak, a city in Sutter County.
The 5th District court, however, said the county's classification of marijuana cultivation as a misdemeanor is overridden by a state law that does not allow local officials to arrest some marijuana growers.
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