Medicinal marijuana is being sold near Kern County schools and churches once again with no penalties.
That's because a judge issued a temporary restraining order last week against a measure that forced a dozen shops to relocate.
With this temporary restraining order, the 12 shops in violation of Measure G won't have to move, nor will they have to pay the $1,000 per day fine.
Measure G was passed in June. It requires medicinal marijuana shops to stay a mile from schools, parks, churches, daycares and other shops.
"The temporary restraining order is helpful," said Linda Jarvis, a former medicinal marijuana shop owner.
Jarvis said the county is running shops like hers out of business with Measure G because, under the measure, there are virtually no legal places to set up shop.
"These people have worked very hard in order to build a clientèle that really needs medicine in town," said Jarvis.
"It's a result and a product of the county's unreasonableness and their expressed incentive or their expressed desire to close everything down in the county," said Phil Ganong, an attorney who represents seven associations in violation of Measure G.
He feels the restraining order is reasonable because without it, he said the county can shut down the sale of medicinal marijuana in Kern County.
"Then the patients can go to buying illegal drugs from the cartels," said Ganong.
"We opposed the temporary restraining order of Measure G and we are now busy preparing our opposition," said Charles Collins, Deputy Kern County Counsel.
Collins said this temporary restraining order is not unusual.
"It's relatively common to grant a temporary restraining order because that gives the parties both time to draft papers," said Collins. Papers that will come into play at a hearing December 21st. The restraining order only holds until that hearing.
Depending on the outcome, Measure G could be enforced again as early as next month.
