Pubdate: Thu, 13 Dec 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
Page: C3

OAKLAND CITES U.S. AS BACKER OF MEDICAL POT

Oakland's latest round in its campaign to save the nation's largest
medical marijuana dispensary includes a statement this week from Mayor
Jean Quan saying federal prosecutors should back off, and the federal
government's own patent application lauding the therapeutic qualities
of cannabis.

In papers filed late Tuesday with the magistrate who is considering
the fate of the Harborside Health Center, lawyers for Oakland said
patent and research records reveal that "the government believes in
the medical efficacy of cannabis" - contrary to the Justice
Department's insistence that marijuana is a dangerous drug with no
legitimate use.

Cedric Chao, a lawyer for the city, cited a 2003 patent application by
the U.S. government that said cannabis compounds are "useful in the
treatment and prophylaxis (prevention) of a wide variety of
oxidation-associated diseases," including certain types of strokes and
immunesystem disorders.

Chao quoted another patent application, by two government scientists
in 2009, that referred to the "healing properties of Cannabis sativa,"
or marijuana, that have been "known throughout documented history."

"How can the government credibly deny the benefits of medical cannabis
when the government itself is funding cutting-edge research proving
the medical benefits of cannabis and seeking patents based on such
research?" Chao wrote.

U.S. Attorney Melinda Haag filed suit in July seeking the closure of
Harborside and the forfeiture of its offices at 1840 Embarcadero. She
said the dispensary, which supplies marijuana to 108,000 patients, is
violating federal drug laws.

On Dec. 20, U.S. Magistrate Maria Elena James is scheduled to consider
a request by the building's owner, Ana Chretien, to shut down the
dispensary and Oakland's request to put Chretien's motion on hold
until James rules on the city's challenge to the government's suit.
Oakland claims the federal statute of limitations required the
government to seek forfeiture no later than 2011, five years after
Harborside opened.

The city, which collects $1.4 million a year in business taxes from
Harborside and other licensed dispensaries, submitted a sworn
statement issued Tuesday by Quan in support of its case. She said
Oakland adopted a permit system for medical marijuana suppliers after
being told by federal officials that they would allow operation of
facilities that complied with state and local laws.

If the federal government shuts down the dispensaries, Quan said, tens
of thousands of patients "either will be forced to forgo their
medicine or be forced into the back alleys and underground, illegal
markets."

The city would be better off if the federal government would take the
money from its fight against Harborside and use it "to instead
increase our police force and assist Oakland with gun violence and
investigations," the mayor said.
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