Kirby v. County of Fresno
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
FRANSON, J.
The County of Fresno (County) adopted an ordinance that banned marijuana dispensaries, cultivation and storage of medical marijuana in all its zoning districts. It classified violations of the ordinance as both public nuisances and misdemeanors. It also limited the use of medical marijuana to qualified medical marijuana patients at their personal residences only.
Plaintiff Diana Kirby sued to invalidate the ordinance. She alleged the ordinance created an unconstitutional conflict with the right to cultivate, possess and use medical marijuana provided by the Compassionate Use…
2Cases cited23 opinions
- Wyeth v. LevineSupreme Court of the United States · 2009
- Gonzales v. RaichSupreme Court of the United States · 2005
- McCall v. PacifiCare of California, Inc.California Supreme Court · 2001
- Ex Parte DanielsCalifornia Supreme Court · 1920
- People v. MowerCalifornia Supreme Court · 2002
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- People v. Onesra Enterprises, Inc.Appellate Division of the Superior Court of California · 2016
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