Oakland Lawsuit In United States District Court To Stop Seizure Of Property Of Oakland Dispensary
Oakland, CA- Oakland
City Attorney Barbara Parker and San Francisco law firm Morrison &
Foerster announced that the City of Oakland filed a complaint yesterday
in United States District Court to stop the federal government from
seizing an Oakland building used by a medical marijuana dispensary.
“This
is a great day for medical marijuana patients and for the residents of
Oakland. City Attorney Parker is ray of sunshine for all patients who
have been watching the federal government jeopardize their access to
medical marijuana” said Steph Sherer Executive Director of Americans for
Safe Access, the nation’s leading medical marijuana patients’ advocacy
organization. “We all know that the federal government is over stepping
its reach in states with medical marijuana laws. It is wonderful to see
that the City of Oakland is continuing to stand up for its legal
patients.”
The city’s lawsuit is the latest development in a
federal escalation against medical marijuana providers in California
announced at a press conference by the state’s four US Attorneys in
October of last year. The escalation has seen renewed raids at medical
marijuana facilities by the Drug Enforcement Administration and threats
and actual civil asset forfeiture cases, which allow the federal
government to confiscate assets and real property, against property
owners who rent to medical marijuana tenants.
“We are very pleased
that the City of Oakland has taken on the challenge of protecting
patients’ rights from the harsh, wrong-minded actions of the federal
government. This legal action demonstrates that localities that support
safe and legal access to medical marijuana can make a difference in
this struggle with the federal government” said Joe Elford, Chief
Counsel for Americans for Safe Access. “This complaint spells out how
medical marijuana patients weren’t the only ones who were duped by
Obama’s statements about medical marijuana. The City of Oakland alleges
in its lawsuit that it believed that the federal government would not
disturb medical marijuana dispensaries that operate in compliance with
state law. Obama has broken this promise.”
The city’s press
release stated “The property at 1840 Embarcadero is the location of the
Harborside Health Center, a medical marijuana dispensary operating under
a permit issued by the City of Oakland. In July, the U.S. Attorney for
the Northern District of California filed a forfeiture action against
the real property where the dispensary is located. The City’s lawsuit
does not seek damages, but asks the court to enjoin and declare unlawful
the federal government’s attempt to close down the dispensary.
The
City of Oakland carefully created a regulatory scheme for medical
marijuana dispensaries in order to maintain public health and safety,
including the issuance of permits, the monitoring of licensed
dispensaries, annual auditing of the dispensaries’ financial statements,
and employee background checks to ensure compliance with state and city
law.”
“This lawsuit is about protecting the rights of legitimate
medical patients,” City Attorney Barbara Parker said yesterday in the
city’s release. “I am deeply dismayed that the federal government would
seek to deny these rights and deprive thousands of seriously ill
Californians of access to safe, affordable and effective medicine. As
Oakland’s City Attorney, I strongly oppose federal actions against
Oakland businesses that are complying with state and local laws and
paying their fair share of taxes. My hope is that the federal government
will focus its resources on the real crisis in Oakland – violent crime
and illegal guns that are snuffing out so many lives. In the midst of
this crisis, it is a tragic waste for the federal government to spend
its time and resources cracking down on legitimate health care
providers.”
This lawsuit follows the closer of hundreds of
dispensaries across the country due to threats of asset forfeiture over
past year.
Further information:
Copy of complaint: http://safeaccessnow.org/downloads/OaklandVHolderAndHaagOct10.pdf
