Federal Judge Rules: Maria-Elena James, Magistrate, United States District Court, Northern California Division, agrees with State Judge and upholds previous ruling.  What does this mean?  Looking back, about a month ago a State of California Civil Judge made an order stating that Ana Chretien, property owner & landlord of Harborside (Health Center) Medical Marijuana could not lawfully evict Harborside since it is deemed a medical marijuana dispensary, therefore the case was closed.  Ana Chretien, thinking the State Judge erred took it a step further and filed moving papers in the United States District Court, Northern California Division in effort to have the State Judges ruling over turned.  Ana Chretien, lost again!  A Federal Judge agreed with the State Judge and declined to overturn the earlier ruling, thus, Ana Chretien lost.  Harborside medical marijuana dispensary is located in Oakland, California.

In the ongoing federal-local battle over state laws that legalize medical marijuana, the court ruling is the latest victory for Harborside Health Center, a 100-plus-employee operation that Oakland City Attorney Barbara Parker has praised for providing “access to safe, affordable and effective medicine.” While the Obama administration initially said it would not target medical marijuana dispensaries in compliance with state law, it has since fluctuated on this position, and pursued increasingly vigorous crackdowns. Legalize.co supports the statement made by Barbara Paker, a true city hero and credit to the citizens of Oakland. To shut down Harborside, the federal government filed a civil action to seize the Oakland and San Jose, Calif. properties Harborside leases for its dispensaries. The owners of the two properties attempted to skirt the federal case by moving to evict Harborside or cease its marijuana distribution. One county judge rejected the move, while another has allowed eviction proceedings to move forward. But U.S. Magistrate Judge Maria-Elena James held Monday that the federal Controlled Substances act cannot be enforced by private parties like these landlords:

Harborside Health Center clearly addressed, the courts which have consistently held that there is no private right of action under the CSA to force compliance.

Moreover, while the Court understands Claimants’ concern over the potential forfeiture of their properties, Rule G(7)(a) is not a means to sever business relationships when they suddenly prove risky or to demonstrate cooperation with the Government.

In other recent news, while President Obama has indicated that enforcing anti-marijuana laws is a low priority for his administration, the federal government continues to prosecute drug providers in states where medicinal use of marijuana is legal. For example, a California man who ran medical marijuana dispensaries outside of Los Angeles received a 10-year-to-life sentence for conspiring to manufacture and distribute the drug.  Legalize.co is saddened to think the federal government would sentence a man to 10 years in prison for operating a medical marijuana dispensary, it is a shame they would stoop to this type of selective enforcement in order to set an example.  Legalize.co is a law abiding entity and would like to think by being law abiding we will not be sentenced to 10 years for bringing you the news on marijuana reform.  From Mexico to Moscow, the World Turns On to U.S. Marijuana Legalization

The Brookings Institution and the Washington Office on Latin America host a panel discussion on the implications of legalizing marijuana. The panelists will examine how the conflict between the federal government and the states might be resolved and consider the international repercussions of the state laws on the so-called “War on Drugs.”

Panelists include: Michael Greve, professor at George Mason University School of Law; Angela Hawken, associate professor of Public Policy at Pepperdine University; and Troy Eid, lawyer and former U.S.Attorney, District of Colorado (2006-2009). Jonathan Rauch, a Brookings guest scholar, moderates the discussion.

By Legalize

I write about Recreational Marijuana, Contact Legalize & Support The Movement. I'm a huge advocate for the legalization of Marijuana, "Support The Movement" time that is the future as a nation to help regulate laws and the safe use of recreational marijuana, giving you the best of the best type of experience. When it comes down to the type of regulation you want to hear about, I'm the guy that will put you in the state of "Deep Thinking"

3 responses to “Federal Judge Rules”

  1. we fight on because a powerful idea communicates some of its power to those who resist it.

    Reply
  2. You always have interesting articles.. Thank You. I was wondering about your site..
    How do you think it makes the NOVICE, social stigma traumatized, medical CANNABIS candidate feel when they see a bikini clad bong wielding girl and the likes on your site? Are you catering to marijuana smokers in general and want to keep the pot head image alive and well? I find that most people who are interested in trying Medical Cannabis are not comfortable with these images and it scares them away. Cannabis already has to fight a negative social stigma, why make it harder? (BTW, the California Medical Association has asked California Doctors to address it as Medical Cannabis and not marijuana) We all might want to jump on that wagon to help the cause. We do not need to recruit the recreational users, they are already here. We want to welcome the patients who are looking for relief and are scared to take that next step.The Kenny bong although hilarious to some is more than likely not something a real patient would buy. Any thoughts?

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    1. Joanie,

      Thank you for your interest in Legalize.co. Yes, we agree with you wholeheartedly, about posting riskay type images on the site. Our growing pains seem to overwhelm us at times and the images you are seeing are from our Tumblr.com link…in which our viewers are about 600 members mostly between the ages of 18 & 20 years old. So then, they have a bit different mind set and we are attempting to win them over by introducing them to Legalize.co. Our pledge to you specifically will be that we curb the images to a more “G” rated publication. You have to remember, this is 2013 and the youth (who our future voters) are looking to be free in their views and want a choice of what they view. It has been our experience that most of the youth do not read articles on Norml.org as an example as they say the site is to boring. Our goal is to be fair all the way around but sometimes it is difficult in today’s world.

      When it comes to exchanging the word, “marijuana for cannabis” we again agree with you but must say it will be difficult. Patients who are looking for education on cannabis will become accustomed to seeing the word, “marijuana.” Moreover, I would invite any and all comments here. We strive to make it better for all and any patient who needs additional information on cannabis can inquire here. We will refer any patient and be more than happy to assist them. Thank your inquiry and hope you will stay with us in this fight for cannabis reform….

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