Pubdate: Tue, 07 Aug 2012 Source: San Francisco Chronicle (CA) Copyright: 2012 Hearst Communications Inc. Contact: http://www.sfgate.com/chronicle/submissions/#1 Website: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Bob Egelko LEE SEEKS TO PROHIBIT DISPENSARIES' SEIZURE A Bay Area congresswoman wants to stop the federal government from seizing medical marijuana dispensaries, like Oakland's Harborside Health Center, if the pot suppliers are complying with state law. Rep. Barbara Lee, D-Oakland, introduced legislation last week in response to a recent federal move to shut down Harborside, the nation's largest supplier of marijuana to medical patients, and seize its property in East Oakland and San Jose. The move on Harborside last month by U.S. Attorney Melinda Haag came after she and the three other chief federal prosecutors in California announced plans last October to shut down pot dispensaries, saying their owners were using the state's medical marijuana law as a front for drug profiteering. Since then, more than 400 dispensaries statewide have closed. Haag initially targeted outlets within 1,000 feet of schools, parks or playgrounds. In seeking to close Harborside, she cited not its location but the size of its operations, which serve 108,000 patients. The larger the dispensary, "the greater the likelihood that there will be abuse of the state's medical marijuana law," she said in a statement accompanying her court filing. Lee's HR6335 would prohibit federal prosecutors from using the civil forfeiture law against medical marijuana suppliers that followed state laws, consistent with Barack Obama's promise as a presidential candidate to defer to each state's laws on the issue. The bill's eight co-sponsors, all Democrats, include Reps. Sam Farr of Carmel, Mike Honda of San Jose and Pete Stark of Fremont. "We should be protecting and implementing the will of voters, not undermining our democracy by prosecuting small business owners who pay taxes and comply with the laws of their states in providing medicine to patients in need," Lee said. The bill has little chance of advancing in the Republican-controlled House. Other pending legislation, with equally scant prospects, includes Farr's proposal to allow defendants in federal marijuana cases to claim state law as a defense, and measures by Rep. Barney Frank, D-Mass., to bar federal prosecution of patients and suppliers who follow state law, allow doctors in any state to prescribe marijuana as a medicine, and repeal the federal ban on the drug. - --- MAP posted-by: Matt