Jacob Bell
New Member
The Marin Alliance for Medical Marijuana has attracted the support of some members of Congress and Fairfax's mayor in its battle to stay alive.
"We're not closed yet," said Lynnette Shaw, founder and director of the state's first medical marijuana dispensary.
Shaw is fighting to keep the dispensary open despite a threat by federal prosecutors to jail some operators of medical marijuana dispensaries or their landlords, and seize their property, if they don't halt marijuana sales by Nov. 11. The Marin Alliance is also facing an Internal Revenue Service edict that it owes at least $1 million in back taxes because it can't claim the same deductions as other businesses.
Shaw said both Rep. Lynn Woolsey, D-Petaluma, and Fairfax Mayor Larry Bragman have written letters to federal authorities protesting the crackdown. Shaw is coordinating her legal defense with the owners of other threatened dispensaries around the state.
"We're trying to get some kind of court order to stop this or slow it down so we at least have time to look at our options," Shaw said.
P.J. Johnston, a spokesman for the legal defense team that consists of nearly a dozen lawyers, said the team may file a court action this week. Johnston wouldn't say what form that would take.
Shaw said she has assured her landlord that if she cannot get a judge to stay or vacate the prosecutor's order, she will remove all marijuana from the Marin Alliance's offices at 6 School St. by Nov. 11. Shaw said she could continue serving patients, however, as a delivery service.
In a press conference earlier this month, California's four U.S. attorneys said they are seeking to close medical marijuana dispensaries situated close to schools, parks, sports fields and other places frequented by children and significant commercial operations.
The Marin Alliance's storefront is near both Peri Park and Bolinas Park and is even closer to Contratti Field, where the West Marin Little League plays.
Bragman has written to and phoned Melinda Haag, the San Francisco-based U.S. attorney for the Northern District of California, informing her that the Marin Alliance has been operating for 14 years under a conditional use permit granted by the town of Fairfax. He told Haag that the Marin Alliance's location was approved by the town of Fairfax prior to the enactment of a state law that prohibits dispensaries from being located within a 600-foot radius of schools.
Bragman wrote, "I believe that the location of the Marin Alliance is a legal, pre-existing, non-conforming use under California law. Given these circumstances, I would again implore you to reconsider your office's decision to proceed against the Marin Alliance."
Woolsey, along with eight other members of Congress, signed a letter to President Obama on Friday expressing her concern "with the recent activity of the Department of Justice against legitimate medical cannabis dispensaries in California that are operating legally under the law."
The other members of Congress who signed the letter were Sam Farr, D-Salinas; Dana Rohrabacher, R-Huntington Beach; Mike Thompson, D-Napa; Pete Stark, D-Fremont; Jared Polis, D-Boulder, Colo.; Steve Cohen, D-Memphis, Tenn.; Barbara Lee, D-Oakland; and Bob Filner, D-Chula Vista.
In the letter, the legislators say that the actions of the U.S. attorneys "directly interfere with California's 15-year-old medical cannabis law by eliminating safe access to medication for the state's thousands of medical cannabis patients.
"It is our strong position," the legislators wrote, "that local and state governments must be allowed to develop, implement and enforce their own public health laws with regard to medical cannabis. In addition, they requested that Obama "reschedule marijuana as a Schedule II or III drug administratively, or publicly support the adoption of legislation that would change federal statute to achieve this same goal."
Schedule II and III drugs may be prescribed by a physician while drugs classified as Schedule I may not.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: marinij.com
Author: Richard Halstead
Contact: Contact Us
Copyright: Marin Independent Journal
Website: Woolsey, Fairfax mayor move to support embattled Fairfax pot club
"We're not closed yet," said Lynnette Shaw, founder and director of the state's first medical marijuana dispensary.
Shaw is fighting to keep the dispensary open despite a threat by federal prosecutors to jail some operators of medical marijuana dispensaries or their landlords, and seize their property, if they don't halt marijuana sales by Nov. 11. The Marin Alliance is also facing an Internal Revenue Service edict that it owes at least $1 million in back taxes because it can't claim the same deductions as other businesses.
Shaw said both Rep. Lynn Woolsey, D-Petaluma, and Fairfax Mayor Larry Bragman have written letters to federal authorities protesting the crackdown. Shaw is coordinating her legal defense with the owners of other threatened dispensaries around the state.
"We're trying to get some kind of court order to stop this or slow it down so we at least have time to look at our options," Shaw said.
P.J. Johnston, a spokesman for the legal defense team that consists of nearly a dozen lawyers, said the team may file a court action this week. Johnston wouldn't say what form that would take.
Shaw said she has assured her landlord that if she cannot get a judge to stay or vacate the prosecutor's order, she will remove all marijuana from the Marin Alliance's offices at 6 School St. by Nov. 11. Shaw said she could continue serving patients, however, as a delivery service.
In a press conference earlier this month, California's four U.S. attorneys said they are seeking to close medical marijuana dispensaries situated close to schools, parks, sports fields and other places frequented by children and significant commercial operations.
The Marin Alliance's storefront is near both Peri Park and Bolinas Park and is even closer to Contratti Field, where the West Marin Little League plays.
Bragman has written to and phoned Melinda Haag, the San Francisco-based U.S. attorney for the Northern District of California, informing her that the Marin Alliance has been operating for 14 years under a conditional use permit granted by the town of Fairfax. He told Haag that the Marin Alliance's location was approved by the town of Fairfax prior to the enactment of a state law that prohibits dispensaries from being located within a 600-foot radius of schools.
Bragman wrote, "I believe that the location of the Marin Alliance is a legal, pre-existing, non-conforming use under California law. Given these circumstances, I would again implore you to reconsider your office's decision to proceed against the Marin Alliance."
Woolsey, along with eight other members of Congress, signed a letter to President Obama on Friday expressing her concern "with the recent activity of the Department of Justice against legitimate medical cannabis dispensaries in California that are operating legally under the law."
The other members of Congress who signed the letter were Sam Farr, D-Salinas; Dana Rohrabacher, R-Huntington Beach; Mike Thompson, D-Napa; Pete Stark, D-Fremont; Jared Polis, D-Boulder, Colo.; Steve Cohen, D-Memphis, Tenn.; Barbara Lee, D-Oakland; and Bob Filner, D-Chula Vista.
In the letter, the legislators say that the actions of the U.S. attorneys "directly interfere with California's 15-year-old medical cannabis law by eliminating safe access to medication for the state's thousands of medical cannabis patients.
"It is our strong position," the legislators wrote, "that local and state governments must be allowed to develop, implement and enforce their own public health laws with regard to medical cannabis. In addition, they requested that Obama "reschedule marijuana as a Schedule II or III drug administratively, or publicly support the adoption of legislation that would change federal statute to achieve this same goal."
Schedule II and III drugs may be prescribed by a physician while drugs classified as Schedule I may not.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: marinij.com
Author: Richard Halstead
Contact: Contact Us
Copyright: Marin Independent Journal
Website: Woolsey, Fairfax mayor move to support embattled Fairfax pot club
