This is the first time ever a local government has actually stood up against the feds in support of a raided dispensary. Not counting the occasional stern letter written by a politician, which count for essentially nothing. I can only imagine what would happen if the local/state government filed a lawsuit in response to every action the DEA takes against a dispensary. Might send a bit of a message. http://www.sfgate.com/default/article/City-of-Oakland-Files-Suit-in-U-S-District-Court-3942391.php
I just read something new about this Oakland case. Looks like they're trying a novel defense tactic. Oakland is saying the statute of limitations has expired, and so the feds can't prosecute. The precedent is a case where the feds knew about a gambling operation for several years before they decided to prosecute. The court decided in that case that the clock starts running when the feds first know about the crime, or should have known. The statute of limitations ran out in that case, and the defendants got off. Oakland is saying that Harborside has been publicly operating for over 5 years, the statute of limitations in this case. It will be interesting to see what happens. A positive decision could in effect grandfather in any dispensaries that have been in operation for over 5 years. Wouldn't that be cool!
That's a good legal theory regarding the statute of limitations but somehow I don't see the city of Oakland winning. The next thing that is going to happen is that the feds will find a way to threaten whatever city employee that is involved with a ricco case.
All ready been done. Feds have repeatedly tried to intimidate State and city officials with possible prosecution over MMJ. Can't remember which State, but one took it off the ballot awhile back because of such concerns.
The Controlled Substances Act specifically provides immunity for state and local authorities acting under state or local law. If you think about it, it really couldn't be any other way. Otherwise every time a cop confiscated drugs, they'd be in violation of the CSA for possessing a controlled substance. All those warnings about state employees being in danger of federal prosecution were just blowing smoke (or they didn't read the CSA).
