Medical Marijuana Advocacy Groups Files Lawsuit to Halt California Crackdown

Posted by Debra White | Nov 21, 2011 | 0 Comments

A medical marijuana advocacy group has filed a lawsuit against the Obama administration to stop the Department of Justice from continuing its crackdown on the medical marijuana industry in California.

The federal administration has launched a crackdown on persons involved in production and distribution of medical marijuana in the state.  People who grow marijuana for medicinal purposes have been targeted in the crackdown.  Officers have also been targeting landlords who rent out their properties to medical marijuana dispensaries, as well as dispensaries.

California has laws that allow the use of marijuana for medicinal purposes.  It is one of sixteen states and the District of Columbia that allow the production and sale of marijuana for medicinal purposes.  However, Los Angeles criminal defense attorneys have found those laws under threat from this arbitrary federal action.

Now, a medical marijuana advocacy group is trying to halt the federal administration's harassment of persons involved in the medical marijuana trade.  The advocacy group, Americans for Safe Access is based in Oakland.  The group has filed a lawsuit against U.S. Attorney General Eric Holder and Northern California Federal Prosecutor Melinda Haag.  The lawsuit alleges that the Obama administration's new crackdown against medical marijuana dispensaries in the U.S.  is a violation of the Tenth amendment of the U.S. Constitution.

Under federal laws, marijuana is a schedule 1 substance, and is banned under the Controlled Substances Act.  However, individual states have the freedom to implement their own laws regarding these substances under the Tenth Amendment.

The lawsuit mentions a federal memo to Oakland city authorities from the Department of Justice which informs them that if they fail to enforce anti-marijuana laws under the Controlled Substances Act, then they will be subjected to prosecution.  Under the Tenth Amendment of the U.S. Constitution, the federal administration cannot force states to bypass their own laws in favor of federal laws.

About the Author

Debra White

Attorney Debra S. White is an aggressive and talented trial attorney based in Los-Angeles, California who has successfully represented clients accused of sex crimes in both state and federal courts since 1999. Ms. White is a fierce advocate who enjoys the many challenging aspects of sex crimes defense, including defending against false accusations, faulty memories, and prosecutorial misconduct.


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