California city defends dispensary against feds, but next step murky

SAN FRANCISCO — The federal government’s decision to try to seize the property of a large medical marijuana dispensary cannot be second-guessed by a court, a federal appeals court ruled Thursday as it rejected a lawsuit by a California city that wants to keep the dispensary open.

The 9th U.S. Circuit Court of Appeals said prosecutors have discretion to bring the type of civil forfeiture action they are pursuing against Harborside Health Center in Oakland, and a separate procedure exists to challenge those decisions.

The court affirmed a lower court ruling dismissing the city’s lawsuit against the attorney general and U.S. attorney for Northern California.

Cedric Chao, the attorney who represented the city, said he and City Attorney Barbara Parker would be consulting with the mayor and City Council to determine their next step.

“Although federal agencies have discretion, that discretion is not without limits,” he said.

Harborside bills itself...

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URL: 
http://www.thecannabist.co/2015/08/21/california-dispensary-lawsuit-oakland-harborside-health-center/39715/