Oakland, California, is appealing the dismissal of its lawsuit against the Obama administration over its right to permit medical marijuana clubs while asking a judge to halt forfeiture proceedings against a local dispensary.
The city filed a notice yesterday that it will seek review of the case by the U.S. Court of Appeals in San Francisco. U.S. Magistrate Judge Maria-Elena James ruled Feb. 14 that she doesn’t have jurisdiction over Oakland’s lawsuit challenging federal actions against Harborside Health Center, which sells 70 types of marijuana, makes $20 million a year and offers home delivery.
Oakland sued the federal government after U.S. prosecutors filed a forfeiture case to seize property housing Harborside. Prosecutors called the center a “superstore” serving 100,000 customers in violation of federal drug laws.
The case is City of Oakland v. Holder, 12-05245, U.S. district Court, Northern District of California (San Francisco).
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