US Law Week

California Dispensary’s Recovery Suit Beats County Cannabis Law

Aug. 5, 2020, 11:37 PM

A California dispensary can pursue recovery of more than 2,000 marijuana plants confiscated in a 2015 raid, because regardless of county land use ordinances, the plants themselves weren’t illegal under state law, a state appeals court said Wednesday.

Granny Purps Inc., a medical dispensary in northern California, allegedly violated a Santa Cruz County ordinance prohibiting such operations from cultivating more than 99 plants at a time.

The dispensary sought an order requiring the county to return the seized plants, and a judgment declaring the county couldn’t lawfully seize plants from a dispensary operating in compliance with state medical marijuana laws....

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