While California’s Calaveras County Board of Supervisors had previously validated a petition for county residents to determine the fate of a proposed measure that would ban commercial medical cannabis cultivation in the county, a judge with the Calaveras Superior Court has ruled that Measure B must be pulled from the special election slated for May 2, 2017.
On Dec. 22, 2016, opponents of commercial cannabis cultivation in Calaveras County submitted a petition to the Board of Supervisors to ban such cultivation. Once the board validated the petition, it decided to schedule a special election for county residents to vote on the proposed ban.
Jeremy Carlson, an Arnold-based dispensary owner, realized that there was faulty language in original petition for Measure B so he filed a lawsuit to delete Measure B from the ballot, as reported by The Record.
“The entire initiative refers to the Board of Supervisors probably a dozen times,” Carlson stated. “Basically, that’s the document they used to go out and get all those signatures. Anybody not paying close enough attention, if they read that document it looks like something the board has already approved, that the government approves it.”
Judge Richard D. Meyer agreed with Carlson. According to his ruling, “The language of Measure B fails to substantially comply with the mandated language of Elections Code § 9124 for an ordinance submitted to the voters of the county. Moreover, the Court finds this is more than a technical semantic shortcoming as the actual language of Measure B is misleading as it infers the measure is seeking voter approval of an action of the Board of Supervisors contrary to the actual context of Measure B which seeks to have the voters direct the Board to take an action.”
According to The Record, voters selected new county supervisors this past November, so it is possible that the new Board of Supervisors could decide to ban commercial medical cannabis cultivation on its own accord.