Pubdate: Tue, 07 Aug 2012
Source: San Francisco Chronicle (CA)
Copyright: 2012 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko

LEE SEEKS TO PROHIBIT DISPENSARIES' SEIZURE

A Bay Area congresswoman wants to stop the federal government from
seizing medical marijuana dispensaries, like Oakland's Harborside
Health Center, if the pot suppliers are complying with state law.

Rep. Barbara Lee, D-Oakland, introduced legislation last week in
response to a recent federal move to shut down Harborside, the
nation's largest supplier of marijuana to medical patients, and seize
its property in East Oakland and San Jose.

The move on Harborside last month by U.S. Attorney Melinda Haag came
after she and the three other chief federal prosecutors in California
announced plans last October to shut down pot dispensaries, saying
their owners were using the state's medical marijuana law as a front
for drug profiteering. Since then, more than 400 dispensaries
statewide have closed.

Haag initially targeted outlets within 1,000 feet of schools, parks or
playgrounds. In seeking to close Harborside, she cited not its
location but the size of its operations, which serve 108,000 patients.
The larger the dispensary, "the greater the likelihood that there will
be abuse of the state's medical marijuana law," she said in a
statement accompanying her court filing.

Lee's HR6335 would prohibit federal prosecutors from using the civil
forfeiture law against medical marijuana suppliers that followed state
laws, consistent with Barack Obama's promise as a presidential
candidate to defer to each state's laws on the issue. The bill's eight
co-sponsors, all Democrats, include Reps. Sam Farr of Carmel, Mike
Honda of San Jose and Pete Stark of Fremont.

"We should be protecting and implementing the will of voters, not
undermining our democracy by prosecuting small business owners who pay
taxes and comply with the laws of their states in providing medicine
to patients in need," Lee said.

The bill has little chance of advancing in the Republican-controlled
House. Other pending legislation, with equally scant prospects,
includes Farr's proposal to allow defendants in federal marijuana
cases to claim state law as a defense, and measures by Rep. Barney
Frank, D-Mass., to bar federal prosecution of patients and suppliers
who follow state law, allow doctors in any state to prescribe
marijuana as a medicine, and repeal the federal ban on the drug.
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