Judges in each of the state’s four federal judicial districts have turned down suits filed on behalf of medical marijuana dispensaries in reaction to a federal crackdown on California’s marijuana industry.
Earlier this month, the U.S. District Court for the Northern District of California became the latest of the courts to turn down one of the cases.
In October and November 2011, lawsuits were filed in each of the four California federal judicial districts seeking to halt federal enforcement of the Controlled Substances Act against marijuana dispensaries on a variety of grounds, according to the U.S. Attorney’s Office.
The suits claimed that the federal government could not take any legal action against dispensaries because such action was a violation of the Ninth and Tenth Amendments, the Equal Protection Clause and the Commerce Clause.
Following separate proceedings in each district, four different district court judges have issued orders dismissing the cases.
“If there were persons who doubted that federal law clearly prohibits the cultivation and sale of marijuana, these decisions by four separate federal judges dismissing four lawsuits should put that doubt to rest,” said U.S. Attorney for the Eastern District of California Benjamin Wagner. “Our responsibility as U.S. Attorneys is to enforce the Controlled Substances Act.”
In the Eastern District of California, a lawsuit filed by the Sacramento Nonprofit Collective doing business as El Camino Wellness Center, a mutual benefit nonprofit collective, and Ryan Landers, an individual, was dismissed by U.S. District Court Judge Garland Burrell Jr. on Feb. 28.
In the Southern District of California, a lawsuit filed by Alternative Community Health Care Cooperative Inc. was dismissed without leave to amend on March 5 by U.S. District Court Judge Dana Sabraw.
In the Central District of California, U.S. District Court Judge Dolly Gee dismissed a lawsuit filed by the Conejo Wellness Center Cooperative Inc. et al. on April 17.
Judge Gee dismissed the case without prejudice for lack of subject matter jurisdiction and denied the plaintiffs leave to file a second amended complaint.
In the Northern District of California, Marin Alliance for Medical Marijuana et al. v. Holder – a lawsuit filed on behalf of three marijuana dispensaries, a landlord whose property was the site of one of the marijuana storefronts, and one marijuana dispensary customer – was dismissed on July 11 by U.S. District Court Judge Saundra Armstrong.
Judge Armstrong denied as moot the motion for a temporary restraining order and also denied the plaintiffs’ request for a preliminary injunction.
Earlier this week, marijuana advocacy groups California NORML and Americans for Safe Access organized a protest in Oakland against the federal crackdown during President Barack Obama’s visit.
The groups allege that the Obama administration has now closed more dispensaries than all of its predecessors combined, and expended millions to go after dispensaries compliant with state laws.