News » Suit Filed To Stop Federal Raids In California





A federal lawsuit was filed in San Francisco in the last week of October to stop new Department of Justice tactics targeting medical marijuana operations complying with state and local regulations. The lawsuit was filed by Americans for Safe Access and is specifically directed at Attorney General Eric Holder and California’s Northern District U.S. Attorney Melinda Haag.

The suit has two allegations that it is using to ask for an immediate and permanent injunction against the DOJ. It alleges that the tactics being employed are undermining California’s medical marijuana programs and that these tactics are a violation of the 10th Amendment to the U.S. Constitution.

The suit specifically requests the return of cannabis seized during the October 13 raid by the DEA on Northstone Organics in Redwood Valley along with restitution for all costs and attorney’s fees suffered.

Supporters of the Americans for Safe Access suit believe that the ruling against the City of Long Beach in a state appeals court has thrown MMJ regulation into a state of uncertainty and the federal enforcement arms of the DOJ and DEA see that as an opportunity.

Tactics used by the federal prosecutors included sending mass mailings to commercial property owners stating that they could face forfeiture of their property if they rented or leased to medical marijuana businesses, whether those businesses were in compliance with state and local law or not. They also included threatening local officials with criminal sanctions should they support MMJ laws.

The Northstone Organics co-op was legally registered with the town, county and state and in compliance with all ordinance requirements when it was raided. Mendocino County allows collectives to cultivate up to 99 plants and requires routine inspections and individual plant registration using a zip tie program.

That, of course, did not stop federal authorities from raiding the co-op, arresting its manager Matthew Cohen and seizing all plants, equipment, etc.

The lawsuit demands that the feds stop their intimidation and law-defying attacks on California’s medical marijuana community and laws.

To find out more about it, visit Americans for Safe Access.

Tags: 10th amendment, americans for safe access, asa, California, constitution, DEA, doj, lawsuit, medical marijuana, MMJ