Zusha Elinson

Judge Won't Stop Medical Marijuana Crackdown

Adithya Sambamurthy/The Bay Citizen
Christopher Lapinski wipes down the display shelves at Divinity Tree, a medical cannabis dispensary in San Francisco's Tenderloin neighborhood on Friday, November 11, 2011. The department of justice shut down the dispensary

A federal judge won't stop the crackdown on medical marijuana dispensaries in the Bay Area.

Judge Saundra Armstrong ruled against three pot clubs seeking a temporary and immediate halt to the federal crackdown. U.S. Attorney Melinda Haag had ordered those clubs to close, because they were too close to schools on parks.

Armstrong indicated the clubs did not make a strong legal case. 

“The Court is sensitive to the desires of individuals to use medical marijuana with a doctor’s recommendation, as permitted by California law,” she wrote in an opinion Monday. “Nonetheless, marijuana remains illegal under federal law, and in Congress’ view, it has no medicinal value.”

Two of the plaintiffs in the case, the Tenderloin’s Divinity Tree and Medithrive, shut their doors to avoid criminal prosecution or forfeiture of their property. But the Marin Alliance for Medical Marijuana and its landlord appear to be itching for a fight. The Fairfax dispensary is still open -- and Haag began the legal process of seizing the property last week.

Matt Kumin, an attorney representing the clubs, said the ruling did not bode well for the clubs' ultimate goal -- ending the crackdown. 

“In some ways, it’s a tentative ruling, but in another way it’s more tentative -- it seems pretty clear what she thinks about this case,” Kumin said.

Still, Kumin said that he and the other lawyers on the case were too “grizzled” to be too disappointed.

“This was a tremendous opportunity to bring these issues into the light of the day,” said Kumin.  

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
Tom Rogers
Tom Rogers
wrote on 11/30/2011 at 7:00 a.m. PST

Its back underground just like the old speak easy's during the early days way back then. Its another example of the Fed's dictating how people should live their lives. On the Fed level its up to the politicians but on the State Level its up to the voters to decide. Its really 2 separate Governments within the same country.

domer71
domer71
wrote on 12/08/2011 at 8:07 p.m. PST

Judge Saundra Armstrong is splitting hairs when she says Congress does not recognize medicinal value of marijuana. In 2001, the US Dept. of Health & Human Services filed an application for a patent on cannabinoids, the main psychoactive ingredient in the whole marijuana plant.

On Oct. 7, 2003, the US Patent Office granted patent #6,630,507 to the Department or its assignees on Cannabinoids as antioxidants and neuroprotectants.

According to the patent abstract:
"Cannabinoids have been found to have antioxidant properties.... This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia. Nonpsychoactive cannabinoids, such as cannabidoil, are particularly advantageous to use because they avoid toxicity that is encountered with psychoactive cannabinoids at high doses useful in the method of the present invention. A particular disclosed class of cannabinoids [is found to be] useful as neuroprotective antioxidants...."

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