Ehrsam v. County of Butte CA3
Plaintiffs are “qualified patients” under the Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5) who cultivate marijuana for medical purposes upon the recommendation or approval of a physician. Plaintiffs brought the instant action for injunctive and declaratory relief related to amendments to Chapter 34A of the Butte County Code that restricted the cultivation of medical marijuana (Butte County Ord. No. 4075, amending Butte County Code, ch. 34A, §§ 34A-4, 34A-5, & 34A-8; hereinafter Ordinance No. 4075). Plaintiffs appeal from a judgment dismissing their first amended complaint after the trial court sustained a demurrer without leave to amend. In sustaining the demurrer without leave to amend, the trial court concluded that section 34A-4 does not violate the due process or equal protection clauses of the state or federal constitutions or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.; hereinafter ADA).
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