In a huge victory for California marijuana dispensaries, a U.S. District Court judge said federal authorities couldn’t interfere with the operation of a collective that was legal by state state standards.
Judge Charles R. Breyer of the Northern District of California cited the 2014 omnibus budget bill in ruling that federal law enforcers should leave Lynette Shaw’s Fairfax, California medical cannabis collective alone.
“It defies language and logic for the government to argue that it does not prevent California from implementing its medical marijuana laws by shutting down these … heavily regulated medical marijuana dispensaries,” Breyer ruled.
The bill he cited was included an amendment co-authored by U.S. Rep. Dana Rohrabacher of Orange County. It said that the DEA shall not be funded in any efforts to shut down or prosecute legitimate medical marijuana endeavors in states like California.
“The law is clear there will be no funds expended for interfering with California state medical marijuana laws,” said Shaw’s attorney, Greg Anton.
“We won our case against the Feds and have stopped the war against medical marijuana dispensaries,” Shaw said last night.
Shaw’s Marin County dispensary was shut down by feds in 2011. She has started a GoFundMe.com campaign in an effort to reopen her Marin Alliance for Medical Marijuana shop.
In the meantime, the DEA-blocker law expires in December, but backers hope to renew it.