| Courtesy of Briana Bilbray via IBPatch |
SAN DIEGO – In October of
last year several U.S. Attorneys from the Department of Justice (DOJ) held a press
conference in Sacramento announcing a new Federal
crackdown on medical marijuana patients and providers across California.
Days after the announcement, hundreds of letters from the
DOJ were sent to landlords renting commercial spaces to dispensaries threatening
criminal prosecution and property forfeiture, unless their dispensary tenants
were immediately evicted. Similar letters were sent to patients threatening
federal criminal indictments.
In San Diego,
the attacks involved both the DOJ and local officials. Jan Goldsmith, the San
Diego City Attorney with support from City Council also wrote landlords and
patients, making similar threats. In addition, his office filed almost one
hundred lawsuits against the facilities claiming they were in violation of local
zoning ordinances.
The letters were followed by several swat-style raids on a
handful of dispensaries that remained open. In less then five months the attack
from both Federal and local officials, the lawsuits, and raids, caused over 150
legitimate, tax paying, businesses, to shutter their doors in San Diego alone.
The community however, did not remain quiet. Massive outcries
and opposition came from patients and advocates across the state. Protests were
quickly organized, new legislative efforts started, and lawsuits filed against
the DOJ in every district of the State.
Once such lawsuit jointly filed by patients and collectives in
San Diego, involves
republican Congressman Brian Bilbray’s daughter, Brianna Bilbray. A cancer
survivor and medical marijuana patient herself Ms. Bilbray, joined the suit in
November.
“My cancer has a 40 percent chance of reoccurrence and I'm
really nervous I'm not going to be able to get it [marijuana] cause, the
nausea's just unbearable." Ms. Bilbray was quoted as saying in an article
by the Imperial Beach Patch.
In an attempt to stop the issue from being heard by the
courts, the DOJ filed a motion demanding the case be thrown out. Oral arguments
for the ‘motion to dismiss’ were scheduled to be heard this Friday, March 3, in
Judge Sabraw’s courtroom.
Days before the hearing, on Wednesday, attorney’s
representing the patients in the case learned the hearing was cancelled.
"Judge Sabraw has decided again to cancel oral
arguments and decide the Government's ‘Motion to Dismiss’ based solely on the
pleadings. Accordingly, there will be no court appearance on Friday. In the
event the Court grants the Government's motion, this case will be ripe for
appeal to the Ninth Circuit Court of Appeals which is what we intend to
do." Lance Rogers, one of the attorney representing patients and
collectives said.
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