United States Attorney Benjamin B. Wagner
Eastern District of California
Four U.S. District Court Judges In California Dismiss Lawsuits Filed On Behalf Of Marijuana Dispensaries
|FOR IMMEDIATE RELEASE||
Tuesday, July 24, 2012
SACRAMENTO, Calif. – In October and November 2011, lawsuits were filed in each of the four California federal judicial districts seeking to halt federal enforcement of the Controlled Substances Act against marijuana dispensaries on a variety of grounds. The suits claimed that the federal government could not take any legal action against dispensaries because such action was a violation of the Ninth and Tenth Amendments, the Equal Protection Clause and the Commerce Clause. Following separate proceedings in each district, four different district court judges have issued orders dismissing the cases.
In the Eastern District of California, a lawsuit filed by the Sacramento Nonprofit Collective doing business as El Camino Wellness Center, a mutual benefit nonprofit collective; and Ryan Landers, an individual, was dismissed by U.S. District Court Judge Garland E. Burrell Jr. on Feb. 28, 2012.
In the Southern District of California, a lawsuit filed by Alternative Community Health Care Cooperative Inc. was dismissed on March 5, 2012 by U.S. District Court Judge Dana M. Sabraw.
In the Central District of California, U.S. District Court Judge Dolly M. Gee dismissed a lawsuit filed by the Conejo Wellness Center Cooperative Inc. et al. on April 17, 2012.
In the Northern District of California, a lawsuit filed on behalf of three marijuana dispensaries, a landlord whose property was the site of one of the marijuana storefronts, and one marijuana dispensary customer was dismissed on July 11, 2012, by U.S. District Court Judge Saundra B. Armstrong. Judge Armstrong also denied the plaintiffs’ request for a preliminary injunction.
U.S. Attorney Wagner said: “If there were persons who doubted that federal law clearly prohibits the cultivation and sale of marijuana, these decisions by four separate federal judges dismissing four lawsuits should put that doubt to rest. Our responsibility as U.S. Attorneys is to enforce the Controlled Substances Act.”
Case #s: Eastern District of California: CV 11-2939 GEB
Southern District of California: CV 11-285 DMS
Central District of California: CV 11-9200 DMG
Northern District of California: CV 11-5349 SBA
A copy of this press release may be found on the U.S. Attorney's Office’s website at www.justice.gov/cae.
Central District of California (Los Angeles)
Thom Mrozek – email@example.com
O: (213) 894-6947 M: (213) 494-9261
Northern District of California (San Francisco)
Jack Gillund - Jack.Gillund@usdoj.gov
O: (415) 436-6599
Southern District of California (San Diego)
Debra Hartman - firstname.lastname@example.org