Zusha Elinson

As Deadline Looms, Lawyers Try to Stop Medical Pot Crackdown


Zusha Elinson/The Bay Citizen
Charlie Pappas says he will shut down is medical marijuana dispensary Friday in response to the federal crackdown

Attorneys representing medical marijuana dispensaries sued the federal government Monday to stop its crackdown on pot clubs.

Over the past two months, the Department of Justice has sent a slew of letters to California landlords and dispensaries ordering them to shut down or face criminal prosecution and possibly forfeit their property to the government. In the Bay Area, U.S. Attorney Melinda Haag ordered dispensaries near schools and parks to close. 

With a Nov. 12 deadline approaching for some dispensaries to close, Matt Kumin, a lawyer representing a Marin dispensary that received a letter from Haag, said the lawsuit may be the only way to keep pot clubs open. 

“Unless we get our [temporary restraining order], I believe that dispensaries will shut down across the state,” said Kumin at a press conference Monday.

Kumin said he expects a judge to rule in the next few days.

Charlie Pappas, who runs a medical marijuana dispensary called Divinity Tree, said he will shut the club down on Friday to save his landlord from criminal prosecution.

“We are located 594 feet from a park. We have never had any complaints,” said Pappas, who uses a wheelchair. “There is a strip club, a massage parlor and several liquor stores that are much closer to the playground.”

The lawsuit, which seeks an immediate halt to the crackdown, was filed in several district courts across the state. In the Bay Area, lawyers working with California NORML filed suit on behalf of Marin Alliance for Medical Marijuana, a small dispensary in Fairfax that has been ordered to close.

The lawsuit claims that federal prosecutors promised to leave dispensaries that are obeying state law alone. California passed a law in 1996 legalizing medical marijuana, although the use of pot for medicinal purposes remains illegal under federal law. The lawsuit also contends that the federal government is violating provisions in the constitution that protect states rights.

Not all medical marijuana dispensaries are shutting down in advance of the deadline. In Oakland, Richard Lee, the leader of the marijuana legalization movement, simply moved his dispensary down the street. 

Zusha Elinson
Reporter covering bikes, buses, BART, buildings, and buds at the Bay Citizen. I was a legal reporter at the Recorder, an editor at the Marinscope and I started my career at the Oakland Post. View Profile
JOK
JOK
wrote on 11/08/2011 at 12:00 p.m. PST

Since all things political are viewed through the lens of money these days, let's consider one economic inevitability of closing down all or most of the medical marijuana providers. These are providers who obey California law, pay income and business taxes (making their business significantly publicly transparent) and in some locales cooperate directly with local law enforcement to maintain the legal status of their operations (mainly growers). This structure of accountability and enforcement is more transparent than not and leaves the practices of the suppliers under the scrutiny and control of state and local government.

The market for marijuana, both medical and illicit, has had time to mature to the point where municipalities seek to include the dispensaries in their local tax base and the businesses actually welcome the taxes in order to be fully integrated as businesses within their communities. There is a significant desire to legalize marijuana just as alcohol is. This state of cooperation has lead to safety and consistency of the product; safe, rational and transparent transactions involving the product; security from organized criminal involvement for sellers and clients/patients.

Now imagine this market in the well-armed hands of Los Zetas and the Sinloa drug cartels of Mexico. Imagine bodies hanging from over-passes or dumped headless within 100 yards of a school. Imagine traveling to Prom Night in small convoys of armored SUVs. Do NOT imagine that any police department in California could counter an experienced, well-trained, well-armed (with weapons purchased in the US) urban guerrilla force, which is the model the Mexican cartels have successfully followed. Not even LAPD can match their fire-power and mobility. These groups already have a cross-border culture: their members revolve through prisons on both sides of the border; they have gang representation and alliances with the US; weapons are consistently and easily purchased in the US (especially when incompetence is multiplied by Fast and Furious career-building within the Justice Dept.); they grow marijuana on US public lands to keep their supply chain close to the customer base. I do not know if the cartels off-shore their assets in US financial institutions, but it would make sense for them to hedge against currency fluctuations and minimize cross-border transfers of cash.

The Mexican cartels are waiting right now to capture completely the market for marijuana in the US. One could grow cynical watching the misguided actions of the Justice and Treasury Departments pave the way for their unimpeded entry. The most professionally run dispensaries are the core model upon which we can rationally and in a controlled manner, legalize marijuana. And legalization with taxation is the only way we can establish a market that excludes the hyper-violent drug cartels from colonizing our communities and spreading social and political chaos hundreds of miles north of the border.

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