Victory for Marijuana Dispensaries in California!

Many weed shops in California operate in fear due to unfair practices by the federal government. The Justice Department has been trying to prevent laws from being passed to implement the medical use of marijuana in many states.

The DOJ lost a ruling in October 2015 against Marin Alliance for Medical Marijuana. The district court judge stated that the Department of Justice was trying to shut down many legal dispensaries operating within California state laws illegally.

A statement made by the judge indicated that the DOJ was using federal dollars to fund actions that interfere with medical marijuana laws. The judge found that this activity was illegal, and reaffirms that federal dollars cannot be used to attack legally-operating dispensaries. TO make matters worse, a leak showed that the Justice Department believed that the amendment offered protection to the states, but not the businesses that are operating within it.

The first licensed marijuana dispensary in California, Marin Alliance for Medical Marijuana was shut down by the DEA.

Judge Charles Breyer stated that the DEA’s interpretation of current laws defies logic. Dispensaries won the case when the judge remained firm that the department does not have the legal right to shut down dispensaries within the state of California as long as they are operating legally.

The DEA has been going after these dispensaries for years because they do not believe that they were operating legally. Many marijuana dispensaries were forced to close in the process. Investors are now saying that they aren’t going to risk opening up a dispensary in the state because of the rampant DEA interference.

The decision is not only a big win for the state of California. The DEA will also be deterred from going after medical marijuana companies in the 23 other states that have legalized marijuana.

While California marijuana clubs can celebrate the ruling, an appeal has been made. The Marin Alliance for Medical Marijuana operated for 13 years between 1998 and 2011. A statement from the former company reaffirms that they planned to open their doors once again shortly.

The injunction against the company is not dissolved. Judge Breyer states that the wording within section 538 effectively prohibits the Department of Justice from enforcing the injunction that was placed against the company. Since the Department of Justice does not have the right to go after a company that complies with California State law, the company should be able to resume activities.

 

Leave a Comment