Local News

Wednesday, Nov 21 2012 08:59 PM

Judge imposes restraining order on enforcement of Measure G

By THE BAKERSFIELD CALIFORNIAN

Medical marijuana shops in certain areas of Kern County will have at least a month more to operate uninterrupted as a Kern County judge on Wednesday signed a restraining order against the county's enforcement of Measure G.

Under the measure, approved by voters in June, medical marijuana cooperatives and collectives are required to be located only on industrial land at least one mile away from schools, day care centers, churches, public parks or any other collective or cooperative.

In August, a group of collectives filed a lawsuit against Kern County, saying Measure G violates their due process and California's medical marijuana laws. Meanwhile, at the beginning of November, the county started levying $50,000 fines on collectives and their landlords who had not complied with law.

On Wednesday, Judge Kenneth C. Twisselman signed a temporary restraining order that says the county cannot enforce Measure G, impose fines against the collectives for alleged violations of Measure G or stop any of the activities of the collectives allegedly in violation of Measure G.

The restraining order also stipulates that in one month, on Dec. 21, there will be another hearing for the county to argue why the restraining order should be lifted.

It was unclear in the order what would happen to the fines the county has already levied on some collectives.

Graham Berry, a Los Angeles attorney who is representing some of the collectives, said he, the other lawyers and the collectives are happy with the restraining order. He referred any more detailed comment to lawyer Philip Ganong, as he was the only lawyer in court Wednesday.

Ganong could not be reached for comment Wednesday night.

Late Wednesday night, Kern County Counsel offices were closed, so Deputy County Counsel Charles Collins could not be called for comment.

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