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Marijuana Dispensary Sues Justice Department, DEA

Posted on  November 01, 2012 by  News Admin

 No Grey Sky, a medical marijuana dispensary in California, has sued the United States Department of Justice and the Drug Enforcement Administration, claiming that the federal crackdown is an illegal crusade that threatens to prevent thousands of patients from having safe access. The collective and its members are seeking an injunction agains the DoJ, Attorney General Eric Holder, and the DEA, whose agents raided its downtown storefront this month,j reports Matt Reynolds at Courthouse News. No Grey Sky said it has been licensed by the state of California to dispense medicinal cannabis, and that Atty. Gen. Holder is acting "in excess of the government's authority granted by the Controlled Substances Act" by threatening to shut it down. According to No Grey Sky, continuing its business is "vital to the safe and affordable distribution of medical cannabis to patients suffering from chronic and acute pain, life-threatening and severe illnesses, diseases, and injuries." The dispensary said it has complied with all state laws concerning distribution of medical marijuana. No Grey Sky maintains that medical marijuana dispensaries have operated lawfully and "transparently" to offer relief to thousands of patients after voters approved Proposition 215 in 1996, and that Los Angeles established an ordinance to allow providers to distribute medicinal cannabis, according to the federal complaint. The dispensary further avers that marijuana collectives have provided "billions of dollars in revenues." The complaint points out candidate Barack Obama's 2007 promise that dispensaries following state medical marijuana laws would be left alone. But in 2010 L.A....

Maine Police Return Stolen Marijuana To Caregiver

Posted on  October 18, 2012 by  News Admin

 The police brought an estimated $12,800 worth of marijuana to Thomas Davis of Ellsworth, Maine, last week. While very few of us have had the opportunity to avail ourselves of such an exclusive delivery service, licensed medical marijuana patient and caregiver Davis got the plants back because he had reported them stolen, reports Ron Recinto at The Sideshow. The plants were stolen from a greenhouse near Davis's home. Ellsworth Police arrested Aaron Pert, 32, of Trenton, Maine, and charged him with burglary, theft, firearms possession, and marijuana possession after he admitted to the crime. Pert was caught when a car he was in got pulled over for allegedly running a stop sign. He was released from jail Friday morning on a $500 unsecured bail. Pert proved quite talkative, eventually telling the cops where he'd stashed the freshly harvested plants. Police recovered the cannabis after learning its location, reports Mario Moretto at the Bangor Daily News. The cops then wrestled with the question of whether to destroy the marijuana -- which they would normally do with "illegal drugs" -- or return it to Davis, since he's a licensed medical marijuana caregiver (grower) under Maine state law. The police claimed they were worried about violating federal law if officers returned the medical marijuana, since cannabis remains a Schedule I controlled substance under the federal Uniform Controlled Substances Act. "This is new," Ellsworth police Lt. Harold Page said. "No one's dealt with this before." According to Page, this may be the first reported burglary...

CA Supreme Court Throws Out Marijuana Dispensary Ban Case

Posted on  August 23, 2012 by  News Admin

  High Court prohibits municipalities from using Pack v. City of Long Beach to ban dispensaries The California Supreme Court dismissed review on Wednesday of an important appellate court ruling affecting medical marijuana dispensaries throughout the state. Specifically, the High Court threw out the controversial decision in Pack v. City of Long Beach, which previously held that federal law preempted some forms of dispensary regulations. The Pack decision has been used by several municipalities, including Los Angeles and Long Beach, to suspend or ban outright the distribution of medical marijuana. However, Wednesday's dismissal of the Pack decision throws into question the viability of such bans. "This is an important moment for medical marijuana patients in California," said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy organization. "The California Supreme Court has essentially pulled out the rug from under local officials who have used the Pack decision to deny access to medical marijuana for thousands of patients across the state." "Pack is now a dead letter and, because of the California Rules of Court (Rule 8.528), it is disingenuous for any public official to contend that the appellate decision is somehow reinstated," Elford said. The reasoning used to dismiss the Pack case was that after the California Supreme Court decided to review the appellate decision, the Long Beach City Council repealed and replaced the ordinance with an outright ban on dispensaries thereby making moot the issues before the court. In addition, the petitioners in Pack "have now abandoned their federal preemption argument...