Sunday, February 17, 2013

Federal Judge Rules Against Oakland and World's Largest Medical Pot Dispensary; Not All Legal Avenues Exhausted

A federal judge rejected Oakland's attempt to defend the Harborside Health Center, considered to be the world's largest medical marijuana dispensary, the Los Angeles Times reports.

Cedric Chao, an attorney representing Oakland, challenged the federal government's crackdown on medical marijuana dispensaries, legal in California through a voter initiative. U.S. Magistrate Judge Maria-Elena James found no legal grounds for the city's action.

If the dispensary closes, Chao argued, its 108,000 patients will be forced to illegal avenues to secure their legal medical marijuana, which would lead to a public health and safety crisis.

However, not all of Oakland's options are exhausted. Oakland also challenged the federal government using the Administrative Procedure Act. Federal regulations follow the letter of the Administrative Procedure Act's law.

James ruled that Oakland did not fulfill the legal procedures to file a suit under the act.

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