Friday, November 4, 2011

Medical pot shops strike back at fed crackdown


5:28 PM, Nov 4, 2011  |   comments
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Written by
George Warren
SACRAMENTO, CA - Medical marijuana advocates are filing multiple lawsuits to block a federal crackdown on pot dispensaries and growers, News10 has learned.
According to sources in the medical marijuana community,  lawsuits were to be filed Friday in Sacramento, San Francisco, Los Angeles and San Diego in response to enforcement actions announced Oct. 7 by the four United States Attorneys representing the federal government in California.
In the Eastern District Court in Sacramento, the suit was filed on behalf of the El Camino Wellness Center, whose landlord received a warning letter last month from US Attorney Ben Wagner.
The letter to El Camino Wellness building owner Kim Creedon dated Oct. 6 warned Creedon her property could be seized if she allowed marijuana sales to continue. 
The US Attorney claims El Camino Wellness is cultivating and/or distributing marijuana in violation of federal law.  The federal government does not recognize the legal medicinal use of marijuana.
El Camino Wellness claims the federal crackdown violates an earlier agreement by the federal government not to use its resources to prosecute medicinal marijuana patients who are compliance with California state law.
The lawsuit also claims the crackdown violates the Constitution's commerce clause along with the 9th, 10th and 14th amendments.
Sacramento attorney Mark Reichel is expected to argue on behalf of the dispensary as it seeks a temporary restraining order.
Named as defendants are Wagner, U.S. Attorney General Eric Holder and DEA Administrator Michelle Leonhart.
by George Warren, GWarren@news10.net
News10/KXTV

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