Pubdate: Thu, 20 Dec 2012
Source: Los Angeles Times (CA)
Copyright: 2012 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Lee Romney

POT DISPENSARY BATTLE GOES TO COURT

A Federal Judge Will Hold the First Hearing As Oakland Seeks to Bar 
Store's Closure.

SAN FRANCISCO - A showdown over the fate of the country's largest 
medical marijuana dispensary heads to federal court here Thursday, 
and the outcome could hint at what lies ahead as a growing number of 
states opt for legalization.

This fall, Oakland became the first municipality to sue federal 
prosecutors in an attempt to block them from shuttering a medical 
cannabis facility. Harborside Health Center, with facilities in 
Oakland and San Jose, has more than 108,000 members in its patient collective.

The first hearing in the high-profile case comes a month after 
Colorado and Washington voters legalized the use and sale of small 
amounts of recreational marijuana - prompting President Obama to 
raise the possibility of relaxing enforcement of some federal anti-pot laws.

"So what we're going to need to have is a conversation about, 'How do 
you reconcile a federal law that still says marijuana is a federal 
offense and state laws that it's legal?" the president recently told ABC News.

Medical cannabis advocates said they hope that Chief Magistrate Judge 
Maria-Elena James keeps those developments in mind as she decides 
whether to order an immediate stop to all Harborside sales.

"Clearly if people think that marijuana should be legalized 
completely in at least two states, then from our vantage point it 
should at least be legal for patients who need it for medical use," 
said Joe Elford, chief counsel for Americans for Safe Access, which 
has weighed in on behalf of six Harborside patients.

Harborside is viewed as an industry model for its laboratory testing 
of products and efforts to obtain strains laden with cannabidiol, a 
non-psychoactive component known to help with inflammation, seizures 
and other debilitating conditions.

The dispensary, which saw $22 million in sales last year - and paid 
$3.5 million in taxes - is also "alleged to be the largest on the 
planet," according to federal prosecutors who consider it a 
"superstore." In July, they filed a civil forfeiture action against 
Harborside's two landlords.

Among the matters James will consider: motions by both property 
owners to compel Harborside to stop sales immediately, and a request 
by the city of Oakland to put those issues on hold while its lawsuit 
moves forward.

That suit, filed against Atty. Gen. Eric H. Holder Jr. and Melinda 
Haag, U.S. attorney for the Northern District of California, contends 
that federal prosecutors missed a five-year statute of limitations to 
seize Harborside's properties and misled Oakland officials with a 
"pattern of false promises" that they would not go after dispensaries 
complying with state and local laws.

Thousands of patients will be driven into the illegal cannabis market 
- - endangering themselves and driving up crime - if sales are halted, 
pro bono attorneys representing Oakland said. Included in their 
filings are a dozen exhibits on federally funded research and patents 
obtained by the U.S. government that point to medicinal value.

Federal prosecutors want James to boot Oakland from the case, 
contending that a U.S. Supreme Court ruling already bars a "medical 
necessity" defense in federal court and that they have always 
reserved the right to take action against any dispensary.

"There is a strong public interest in the enforcement of federal law, 
as well as in the protection of the public from drugs that federal 
regulatory authorities have not approved for medical use," they wrote 
in legal filings.

Attorneys for Harborside are pressing to keep the dispensary's two 
locations open as they prepare to fight the forfeiture action before a jury.

As for the property owners, they are "between a rock and a hard 
place," said attorney Geoffrey Spellberg, who represents Ana Chretien.

Chretien was hit with the forfeiture action six years after she 
leased her Oakland property "in good faith" to Harborside, which was 
"in complete compliance with state and local regulations," Spellberg 
said. "The federal government has now threatened us with this 
forfeiture.... We would like to come to a global resolution that 
addresses everyone's concerns."
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MAP posted-by: Jay Bergstrom