By: Eugene Davidovich
San Diego, CA
-- On Wednesday July 25 in the struggle for safe access, patients in San Diego scored a major,
yet short-term victory. The most recent attempt by US Attorney Laura Duffy to
shut down the sole
Sheriff permitted medical marijuana co-operative was stalled when the co-op
filed for Chapter 11 bankruptcy.
Around 1pm on Wednesday, Sheriff Deputies arrived at the co-op
to change the locks and were shocked when the co-op presented bankruptcy paperwork
which prevented the deputies from shutting the place down.
A rapid response team from San Diego Americans for Safe
Access was dispatched to the coop to document the Sheriff interaction:
All day there were news trucks in front of the co-op doing
interviews with patients as well as reporters calling on the DEA, the Sheriff
and the County Supervisors who crafted the licensing compliance
protocol the co-op followed.
In an email sent to CityBeat,
Jan Caldwell, a spokesperson for the San Diego County Sheriff’s Department commented
on today’s events:
The only medical marijuana collective licensed by the County of San Diego "Mother Earth Alternative Healing," in unincorporated El Cajon was to be officially been closed today after a year of operation. The closure was the result of the action taken by the U.S. Attorney to go after property owners who were renting/leasing to dispensary operators. The eviction was a ten-month process that included an unlawful detainer filing and many requests for a stay of execution by Mother Earth operators.
As we arrived to serve the eviction notice, Mother Earth advised they have filed for bankruptcy under Chapter 11. This is a civil matter between the business and the landlord. If/when their doors open, their permit – issued by the Sheriff's Department – is valid.
US
attorney Laura Duffy has successfully shut down over two hundred dispensaries
in the City of San Diego,
and now has her sight on Mother Earth Alternative Healing- the only Sheriff permitted
medical marijuana dispensary in the county and one in full compliance with all
state and local laws.
After months of threats by Duffy against the landlord and
multiple legal battles to stay the eviction, the co-op lost their final legal
challenge last week. Shortly thereafter they received an eviction notice which
demanded they vacate the property by Wed, July 25 when Sheriff’s deputies were
scheduled to replace the locks.
Hours before deputies were to chain the place down the co-op
filed for Chapter 11 bankruptcy and immediately received notice from the courts
that they could remain open for an additional 30-45 days.
Although the stay is temporary and the fight to stay open continues,
starting Thursday the co-op will re-open to dispense medicine to their members.
In addition to these attacks on landowners, Duffy is also threatening
lawmakers with federal prosecution for simply doing their job; writing laws
that regulate safe access for patients.
When the City Council of Imperial Beach and several other
municipalities took up the issue of regulating dispensaries last week, Duffy’s
office rushed to issue a statement on July 17, saying, "City employees who
conduct activities mandated by the ordinance are not immune from liability
under the (Controlled Substances Act). The United States Attorney's Office will
evaluate all potential civil and criminal enforcement actions on a case-by-case
basis in light of the priorities of the Department of Justice and the (U.S.
Attorney's Office's) available resources."
Clearly, Duffy has gone against the position of her
superiors. President Obama promised not to target those in compliance with
state law, and in fact just weeks ago Attorney General Eric Holder testified
before Congress that Department of Justice would only target enforcement action
against medical marijuana organizations operating ‘out of conformity with state
law.’ US Attorney Laura Duffy’s actions clearly prove otherwise.
While deputies from the Sheriff’s department were on their
way to shut the co-op down, advocates from the medical marijuana community organized
by Canvass for a Cause and San Diego Americans for Safe Access were
rallying against the federal attacks and the attempted closure in front of
Duffy’s office at the Federal Courthouse downtown San Diego.
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| Photo Courtesy of: Cristi Paris |
The rally started with several speakers including Lance
Rogers one of the attorneys representing the co-op. Rogers spoke about the struggles they went
through coming into compliance with the extremely restrictive ordinance the
Board of Supervisors crafted, as well as the transparency with which the co-op
operates. After the speakers, over fifty patients and concerned citizens
chanted slogans in support of safe access.
‘When medical cannabis is under attack, what do we do? Stand
up fight back!’ as well as other chants could be heard throughout the
surrounding areas and reportedly directly inside of Duffy’s office.
Towards the end of the rally when one of the representatives
from the co-op was informed the Sheriff accepted the bankruptcy paperwork she
immediately made an announcement to the crowd which roared with cheers and
applause.
Later in the day, very much in line with her bullying
tactics, Duffy rushed to weigh in, and issued a statement to
KUSI News:
“The stay may delay the eviction of Mother Earth by its landlord, but it does not allow Mother Earth to operate a commercial marijuana business in violation of federal law. Nor does it shield it from criminal liability.”
With that statement, perhaps Duffy is not threatening but
actually coming around, after all she must know co-op in question is not a
commercial marijuana business, rather a fully licensed, state compliant, closed
circuit, non-profit medical marijuana co-operative.
An interesting ending to a tough day filled with emotion,
fear and hope, ultimately bringing us a step closer to permanent safe access
for patients in San Diego.
- For more information visit: www.SafeAccessSD.org
- Find SDASA on Facebook: www.Facebook.com/SanDiegoASA
- Follow SDASA on Twitter: www.Twitter.com/ASASanDiego
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2 Comments:
I am so happy to read this. Yea to the smarty that came up with bankruptcy, which sucks that you even have to play this game, but good move.
Mother Earth jumped thru all the hoops and created an amazing dispensary for its medical patients. It is in full compliance. The Department of Justice is totally out-of-line! Bob can you get ACLU to finally get involved? The civil liberties of all medical marijuana patients in compassionaate states are being trampled upon by the Feds. Sounds ACLU to me.
Good job Duffy!!! You have successfully given the marijuana trade back to the Mexican cartells. Is this not America??? The people's vote is the highest authority in this country NOT THE FEDS!!!
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