Pubdate: Fri, 21 Aug 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Maura Dolan

POT DISPENSARY'S HAZY FUTURE

Oakland Loses a Court Battle to Keep the U.S. From Shutting Down 
Harborside Health Center.

SAN FRANCISCO - Oakland lost a legal fight Thursday to prevent the 
federal government from shutting down the nation's largest medical 
marijuana dispensary.

In a unanimous ruling, a three-judge panel of the U.S. 9th Circuit 
Court of Appeals said the city had standing to sue because Oakland 
stands to lose tax revenue if Harborside Health Center, a 
warehouse-sized dispensary, is closed.

But the panel also said the U.S. Department of Justice had the legal 
right to try to close the Oakland-based cannabis retailer.

If the ruling becomes final, the case will return to district court 
for hearings on the government's action. Oakland would not be 
permitted to weigh in.

Cedric Chao, who represents Oakland in the case, said the city has 
not yet decided whether to ask a larger panel of the 9th Circuit to 
review the matter.

The court is "basically telling Oakland and its 400,000 citizens that 
not withstanding injuries, it doesn't have access to the courts," Chao said.

The federal government has been trying to close Harborside, which 
also has operations in San Jose, since 2012.
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MAP posted-by: Jay Bergstrom