ACLU files suit over Fresno's marijuana growing ban

Marijuana cultivation bans supported by the city of Fresno and Fresno County are counter to state law, according to a lawsuit filed Tuesday in Fresno County Superior Court by the American Civil Liberties Union.

The suit, filed on behalf of two Fresno women -- Joan Byrd and Susan Juvet -- said the city and county bans pre-empt state law that allow severely ill Californians to grow and use marijuana.

Byrd, 67, is a former Fresno County Sheriff's Department employee, said she uses medical marijuana to alleviate pain from fibromyalgia, severe osteoporosis and stomach problems from a botched surgery, the suit said.

Using medical marijuana relieves her pain, the suit said.

Juvet, 49, uses medical marijuana to treat fibromyalgia and arthritis because she is allergic to other prescription pain medications, particularly those containing morphine, the lawsuit said.

"She is currently relying on the medical marijuana that she has grown," the lawsuit said.

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