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Constitutional Law
Equal Protection
Medical Marijuana

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

Alan H. Silberman

David M. Michael

Matthew W. Kumin
(The Law Office of Matthew Kumin)


Defendant

Kathryn L. Wyer


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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