Pubdate: Fri, 15 Feb 2013
Source: San Francisco Chronicle (CA)
Copyright: 2013 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
Page: D3

JUDGE REJECTS OAKLAND BID TO HALT HARBORSIDE CLOSURE

Oakland's challenge to the federal government's attempt to shut down
the nation's largest medical marijuana dispensary was rejected
Thursday by a federal magistrate, who said the city - despite its
claims of harm to its residents and tax revenues - has no rights at
stake in the proposed forfeiture.

Under federal law, only those with legal interests in the property -
the operators of the Harborside Health Center, and the owner of the
building that houses it - have the right to contest the government's
move to seize the property, said U.S. Magistrate MariaElena James.

Harborside, located along the Oakland Estuary at 1840 Embarcadero,
supplies marijuana to 108,000 patients. U.S. Attorney Melinda Haag
filed suit in July to close it down for violation of federal drug laws.

The dispensary's operators are also challenging the seizure on largely
the same grounds as the city: that the government violated the
five-year statute of limitations by allowing Harborside to operate
publicly for six years before suing, and that they believed they had
legal protection because of the Obama administration's public
commitment to leave medical marijuana suppliers alone if they complied
with state laws.

President Obama's Justice Department has denied that the
administration ever promised to refrain from enforcing the drug laws.
The department also contends that each marijuana sale at a dispensary
is an illegal act that restarts the five-year legal deadline for a
forfeiture suit.

James did not address those issues in her ruling Thursday dismissing a
suit that Oakland filed in October seeking to keep Harborside open.
Cedric Chao, a lawyer for the city, said he would consult with city
officials on a possible appeal.

Even though the city's legal arguments against the shutdown are
similar to the dispensary's, Chao said Oakland would have a
particularly strong case against forfeiture because of the damage it
would cause to the community.

"Oakland does not have the police resources to stop thousands of
medical patients from buying (marijuana) on the streets or to protect
them from getting mugged by street dealers" if their regulated supply
from the dispensary is cut off, Chao said.

The city would also lose much of the $1.4 million it collects in taxes
each year from Harborside and three other city-licensed
dispensaries.

"Oakland is at the forefront of cities in regulating medical
cannabis," Chao said.
- ---
MAP posted-by: Matt