OAKLAND, CA — On the heels of Dr. Sanjay Gupta’s endorsement of medical cannabis, and Eric Holder’s speech advocating reform of the War on Drugs, the federal Drug Enforcement Agency has informed security and armored car services that they can no longer render services to state-legal cannabis providers, including the country’s largest model cannabis dispensary, […]
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SAN FRANCISCO, CA — A medical marijuana dispensary billed as the world’s largest cannabis store may stay open while the city of Oakland fights a U.S. government effort to shut it down or seize the property, a federal judge ruled on Wednesday in an ongoing tug-of-war in Caifornia between federal authorities and the medical marijuana industry.
In February, Magistrate Maria-Elena James, the same judge who issued the ruling on Wednesday, said the city had no right to intervene in a federal prosecutor’s civil-forfeiture action against the Harborside Health Center, which was previously featured on the Discovery Channel reality TV show “Weed Wars.”
The city appealed the ruling, and James’s latest order allows the dispensary to continue to sell medical marijuana to individuals carrying a doctor’s recommendation while the appeal is under review.
James called the question of Oakland’s legal standing in the case “a matter of significant public interest.”
Attorney Cedric Chao, who is representing . . . . . READ MORE
LAS VEGAS, NV — The United States Conference of Mayors unanimously passed a resolution on Monday criticizing the failure of marijuana prohibition and urging the federal government to respect the ability of states and cities to implement policies like marijuana legalization and medical marijuana without interference.
“In November, voters in my city and state strongly approved a ballot measure to legalize, tax and regulate marijuana,” said Mayor Steve Hogan of Aurora, Colorado. “The bipartisan resolution we passed today simply asks the federal government to give us time to implement these new policies properly and without interference. Cities and states across the country are enacting forward-thinking reforms to failed marijuana prohibition policies, and for the federal government to stand in the way is wasteful and contrary to the wishes of the American people.”
LAS VEGAS, NV — As mayors from across the country gather today in Las Vegas for the 81st annual U.S. Conference of Mayors, the federal government’s crackdown on medical marijuana is expected to be discussed and debated over the weekend.
A resolution ”in support of states setting their own marijuana policies without federal interference” was introduced in advance of the conference by San Diego Mayor Bob Filner and co-sponsored by eight other mayors from across the country. Deliberation on the resolution comes days after medical marijuana advocates issued an alarming report detailing how the Obama Justice Department has spent nearly $300 million to undermine medical marijuana laws in the U.S.
SAN FRANCISCO — The City of Oakland’s fight against the federal government’s attempt to close the largest medical marijuana dispensary in the United States — and one of Oakland’s top tax paying retailers– was renewed Thursday when attorneys for the city asked a federal judge to postpone court proceedings in the case.
The request for postponement comes after a federal judge ruled in February that the city does not have legal rights in a forfeiture case against the owners of the building that contains Oakland’s Harborside Health Center.
In February, Judge Maria-Elena James wrote in a 10-page ruling that a local U.S. attorney had successfully argued the federal government was immune from Oakland’s lawsuit under the Administrative Procedures Act, which sets out how U.S. agencies develop and issue regulations.
On Thursday, attorneys from the city asked James to postpone all actions in the case until an appeals court can review her ruling, which could take up to a year before the case is heard.
The city of Oakland has been attempting to kill an attempt by U.S. Attorney Melinda Haag to close Harborside Health Care, which is one of the largest and most respected medical marijuana dispensaries in the country, and has been called a model business by city officials.
Harborside employs ov. . . . . READ MORE
Dispensaries providing marijuana to doctor-approved patients operate in a number of states, but they are under assault by the federal government. SWAT-style raids by the DEA and finger-wagging press conferences by grim-faced federal prosecutors may garner greater attention, but the assault on medical marijuana providers extends to other branches of the government as well, and moves by the Internal Revenue Service (IRS) to eliminate dispensaries’ ability to take standard business deduction are another very painful arrow in the federal quiver.
The IRS employs Section 280E, a 1982 addition to the tax code that was a response to a drug dealer’s successful effort to claim his yacht, weapons purchases, and even illicit bribes as business expenses. Under 280E, individuals involved in the illicit sale of controlled substances — including marijuana, even medical marijuana in states where it is legal — cannot claim standard business expenses on their federal taxes.
“The 280E provision which requires certain businesses to pay taxes on their gross income, as opposed to their net income, is aimed at shutting down illicit drug operations, not sta. . . . . READ MORE