Pubdate: Thu, 04 Jul 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

U.S. BLOCKED FROM CLOSING POT DISPENSARY AMID APPEAL

A federal magistrate blocked the government Wednesday from closing 
and seizing the nation's largest medical marijuana dispensary while 
the city of Oakland tries to join a legal challenge to the shutdown.

U.S. Magistrate MariaElena James, who had dismissed Oakland's lawsuit 
against the closure of Harborside Health Center, said Wednesday that 
the city had a chance of successfully appealing her decision, an 
effort that would be futile if the dispensary were shuttered in the 
meantime. Wednesday's ruling could keep Harborside open for at least 
another year.

The ruling means that "Oakland and its 400,000 residents have the 
right to present their claims to the courts," said Cedric Chao, a 
lawyer for the city.

Forfeiture suit

Harborside, located along the Oakland Estuary at 1840 Embarcadero, 
supplies marijuana to 108,000 patients. U.S. Attorney Melinda Haag 
filed a forfeiture suit in July 2012 to close it down for violating 
federal drug laws, part of a series of actions by the Obama 
administration's prosecutors against medical pot suppliers in California.

Operators of the Oakland dispensary and a smaller outlet in San Jose 
have challenged the forfeitures, arguing that the federal government 
should not be allowed to change course after allowing them stay open 
for six years.

Oakland made similar arguments in a separate lawsuit in October and 
also said a shutdown would deprive the city of more than $1 million 
in taxes and push thousands of patients into the illegal drug market.

'Novel' legal issues

James ruled in February that the federal action could be challenged 
only by the dispensary's operators and the property owners, and that 
Oakland had no legal rights at stake in the forfeiture.

But she said Wednesday that her ruling was "not infallible" and that 
Oakland had raised "novel legal questions" about forfeiture laws that 
an appeals court should consider.

James rejected the Justice Department's argument that a stay of the 
forfeiture case would harm federal drug enforcement, saying the 
government is enforcing the law in multiple actions and will be able 
to seize Harborside if it wins its case. She also put the San Jose 
forfeiture case on hold during Oakland's appeal.
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MAP posted-by: Jay Bergstrom