Pubdate: Mon, 08 Jul 2013
Source: Daily Californian, The (UC Berkeley, CA Edu)
Copyright: 2013 The Daily Californian
Contact:  http://www.dailycal.org/
Details: http://www.mapinc.org/media/597
Author: Simon Greenhill

CITY COUNTERS FEDERAL GOVERNMENT SUIT AGAINST BERKELEY PATIENTS GROUP

The city of Berkeley filed a claim Wednesday against the federal 
government in response to U.S. Attorney Melinda Haag's attempts to 
shut down Berkeley Patients Group, Berkeley's largest medical 
marijuana dispensary.

The original complaint, filed by Haag on May 2, threatened to 
confiscate the dispensary's assets for violating a federal law 
prohibiting drug sales within 1,000 feet of schools. Its landlord 
faces felony charges for allowing the dispensary to exist near a 
preschool, a violation of federal but not state or city law.

The city of Berkeley is claiming that the closure of BPG would lead 
to a significant decrease in city tax revenue and would encourage 
illegal marijuana sales. The closure would also negate the city's 
efforts to implement regulated medical marijuana dispensaries, 
efforts that the city stated "positively impact the health, safety 
and well-being of all city of Berkeley residents."

"We believe that licensing and regulation is far safer for the 
patients and for the rest of the people of Berkeley," said 
Councilmember Kriss Worthington. "As a part of the licensing and 
regulating, the dispensaries in Berkeley go through an exhaustive 
review to decide if they deserve to get a permit."

Wednesday's claim, as well as a similar suit filed in October over 
the Harborside Health Center, a dispensary in Oakland, resulted from 
conflicts between local and federal officials regarding the 
distribution of medical marijuana. Eighteen states, as well as the 
District of Columbia, allow the use of medical marijuana despite a 
1970 federal ban on the substance, stirring conflict about which 
legislation to follow.

"This is a great show that localities are not going to be bullied by 
the federal government," said Amanda Reiman, policy manager of the 
California branch of the Drug Policy Alliance, an advocacy group 
supporting drug-law reform. "(Cities have) taken time and effort and 
money to establish these regulations, and they feel they should be 
able to go ahead if they are in compliance with (state) law."

Earlier this week, a federal court allowed the Harborside Health 
Center to remain open while awaiting an appeal hearing. The original 
decision found that the city of Oakland had no right to contest the 
federal government's attempt to shut down the center.

"It's a criminal thing that a U.S. attorney is spending all this time 
and money going after legitimate, licensed and regulated medical 
cannabis dispensaries," Worthington said. "There are so many 
criminals doing horrible things. For this attorney to be going after 
people who are following city and state law is sad and sickening."

Representatives from the U.S. attorney's office could not be reached 
for comment.

Last month, the U.S. Conference of Mayors unanimously approved a 
resolution calling for the federal government to leave regulation of 
medical marijuana to local officials. Both Berkeley Mayor Tom Bates 
and Oakland Mayor Jean Quan were listed as co-sponsors of the resolution.

"Enforcing the costly and ineffective prohibition on marijuana drains 
limited resources that could be better spent on programs that more 
effectively serve the public," a group of 18 mayors from across the 
country wrote in the resolution. "States and localities should be 
able to set whatever marijuana policies work best to improve the 
public safety and health of their communities."
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MAP posted-by: Jay Bergstrom