Marin Alliance for Medical Marijuana, a non-profit association; John D'Amato, an individual; Medthrive Inc., a not-for-profit cooperative corporation dba MedThrive Cooperative; The Jane Plotitsa Shelter Trust, a revocable living trust; The Felm Trust, an irrevocable trust; The Divinity Tree Patients' Wellness Cooperative Inc., a not-for-profit coop
Published: Dec. 24, 2011 | Result Date: Nov. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: 4:2011-cv-05349 Bench Decision – Denial
Court
USDC Northern
Attorneys
Plaintiff
Matthew W. Kumin
(The Law Office of Matthew Kumin)
Defendant
Facts
The Marin Alliance for Medical Marijuana, MediThrive, The Divinity Tree (collectively, dispensaries), landlords of the dispensaries and individual patients, filed suit, seeking a temporary restraining order to prevent federal authorities from prosecuting medical marijuana patient associations.
Contentions
PLAINTIFFS' CONTENTIONS:
The dispensaries contended that federal prosecution would harm patients, entitled to marijuana use under the California Compassionate Use Act. They further alleged that the Controlled Substances Act unconstitutionally prevented patients from obtaining access to medical marijuana with a doctor's recommendation.
Result
The court denied the plaintiffs a restraining order.
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