Pubdate: Sun, 17 Feb 2013
Source: Los Angeles Times (CA)
Copyright: 2013 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Lee Romney

U.S. CAN SHUT DOWN OAKLAND POT SHOP, COURT SAYS

Judge Throws Out City's Suit That Challenged Federal Attempts to 
Close the Dispensary.

SAN FRANCISCO - A U.S. magistrate judge last week sided with federal 
prosecutors in dismissing a lawsuit by the city of Oakland that 
challenged as illegal federal attempts to close the nation's largest 
medical marijuana dispensary.

In filing the suit last October, Oakland became the first city to 
take on federal enforcement actions that have led to the closure of 
hundreds of dispensaries in recent years.

Attorney Cedric Chao, representing Oakland, had argued that the city 
has broad interests in ensuring Harborside Health Center remains 
open, as its closure would compel many of the dispensary's 108,000 
patients to turn to the illegal market, triggering a public health 
and safety crisis.

But U.S. Magistrate Judge Maria-Elena James ruled in San Francisco 
that there was no appropriate legal avenue for Oakland's intervention.

Federal attorneys had moved to dismiss the suit against U.S. Atty. 
Gen. Eric Holder and Melinda Haag, U.S. attorney for the Northern 
District of California, on the grounds that any party seeking to 
weigh in on an asset forfeiture must do so within a specified period 
of time, which had elapsed.

Chao had countered that since Oakland has no direct interest in the 
Harborside property, the city instead sought to litigate its concerns 
under the Administrative Procedure Act, which governs the way federal 
agencies propose and establish regulations.

But James concluded that Oakland had not met the required legal 
hurdles to sue under that act.

Oakland City Atty. Barbara Parker said officials were going to 
consider all of their options, including an appeal, which would 
require City Council approval.

"We're disappointed," she said Thursday, "but we have strong 
convictions about the harm Oakland will suffer and is already 
beginning to suffer as a result of the forfeiture actions."

Those actions, which target Harborside's landlords in Oakland and San 
Jose, are proceeding.

Harborside has weighed in and will make the same argument that 
Oakland asserted in its suit - that federal prosecutors knew of 
cannabis sales at the dispensaries for years and missed the statute 
of limitations to seek forfeiture.

Steve DeAngelo, executive director of Harborside, said in a statement 
that he was disappointed in Thursday's ruling, but "the message of 
Oakland's lawsuit remains powerful and relevant: The City Council and 
mayor have determined that if Harborside Health Center is closed, the 
entire city will be harmed."

Federal prosecutors declined to comment on James' ruling.

Meanwhile Thursday, more than a dozen members of Congress 
co-introduced legislation pertaining to medical marijuana. U.S. Rep. 
Earl Blumenauer (DOre.) wrote the "States' Medical Marijuana Patient 
Protection Act," which, in addition to allowing marijuana for medical 
use, would allow states to establish production and distribution laws 
without interference from the federal government, and would also 
remove current obstacles to research.

U.S. Rep. Sam Farr (DCarmel), wrote the "Truth in Trials Act," a 
separate bill that would overturn the prohibition on medical 
marijuana evidence in federal court, allowing defendants who were 
complying with state and local laws to introduce such evidence in 
their own defense.

The bills come in advance of a national medical marijuana conference 
organized by Americans for Safe Access to be held this week in Washington, D.C.
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MAP posted-by: Jay Bergstrom