Pubdate: Fri, 05 Jul 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

2 CITIES FIGHT FOR POT ACCESS

Berkeley Files Suit and Oakland Wins a Court Ruling in Battle to 
Preserve Availability of Medical Marijuana.

OAKLAND - Two Bay Area cities' battle to preserve access to medical 
marijuana heated up Wednesday, as Berkeley filed suit to block a 
federal forfeiture action against its oldest and largest dispensary, 
and Oakland - which filed a similar suit last year - prevailed with 
an important court ruling.

Melinda Haag, U.S. attorney for the Northern District of California, 
last year moved to seize the Oakland and San Jose properties of 
Harborside Health Center, the country's largest dispensary. In May, 
her office filed a similar action to seize the property of Berkeley 
Patients Group.

Both cities have stepped in to fight the federal moves, asserting 
that the dispensaries comply with local and state laws and offer safe 
access to medical pot for patients who might otherwise turn to the 
illegal market.

In Wednesday's claim, filed on Berkeley's behalf by the Drug Policy 
Alliance, the city is attempting to intercede in the forfeiture 
action by saying it stands to lose "substantial revenue" if Berkeley 
Patients Group is shuttered.

The claim also asserts that the forfeiture would undermine the city's 
comprehensive efforts to regulate and control medical marijuana, and 
that closure of the dispensary founded in 1999 would probably lead to 
more unregulated, unlicensed dispensaries and an increase in illicit 
marijuana sales on city streets.

"It is time for the federal government to wake up and stop these 
asset forfeiture actions," Berkeley Mayor Tom Bates said in a 
statement. "Berkeley Patients Group has complied with the rules and 
caused no problems in the city. The federal government should not use 
its scarce resources to harass local law-abiding businesses."

Also Wednesday, U.S. Magistrate Judge Maria-Elena James in San 
Francisco agreed to place the federal forfeiture action against 
Harborside's properties on hold while Oakland appeals in its effort 
to intercede.

James previously ruled that Oakland - which had missed a deadline to 
weigh in directly on the forfeiture but filed suit on separate legal 
grounds - did not have the right to sue. Oakland appealed that ruling 
to the U.S. 9th Circuit Court of Appeals, and Cedric Chao, 
representing Oakland pro bono, then went back to James to request 
that the forfeiture action be placed on hold until the appellate court rules.

In agreeing to do so Wednesday, James said Oakland had "demonstrated 
that it has a stake or interest in the action" and had raised "novel 
legal questions" that constitute "a matter of significant public 
interest" for the city and its residents.

"If this court's analysis was incorrect, the court's dismissal will 
have foreclosed Oakland from protecting its interests. Thus, at the 
heart of Oakland's appeal is its right to access the federal court to 
assert its claims - a right of paramount importance," James wrote.

Attorneys for the federal government had argued that the stay would 
hinder prosecutors' ability to enforce federal drug laws. But because 
the U.S. attorney's office waited six years to file the forfeiture 
action, knowing Harborside was operating medical cannabis 
dispensaries at the properties, James concluded that no harm would be 
caused by a further delay.

The U.S. attorney's office declined to comment Wednesday.
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MAP posted-by: Jay Bergstrom