Civil Rights
Deprivation of Rights
Medical Marijuana
Alternative Community Health Care Cooperative Inc., a not-for-profit cooperative corporation doing business as Cloud 9 Cooperative; Light The Way, a mutual benefit non-profit collective; Mother Earth's Alternative Healing Cooperative Inc., a not for profit cooperative corporation; American Treatment Advancement Cooperative Inc., a mutual benefit n
Published: Apr. 14, 2012 | Result Date: Mar. 5, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:11-cv-02585-DMS-BGS Bench Decision – Dismissal
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Thomas C. Stahl
(Office of the U.S. Attorney)
Facts
Two patients and four medical marijuana cooperatives filed suit against the City of San Diego, seeking to stop the government's efforts to shut down dispensaries. The lawsuit was in response to efforts by the government to close the dispensaries via the sending of letters, which warned of prosecution or forfeiture of assets if dispensaries and landlords did not shut down with 45 days of receipt.
Result
The judge dismissed the lawsuit, finding that plaintiffs' failed to state a claim, and federal law does not permit dispensing marijuana.
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