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DA Says Oakland’s Pot-Growing Plan May Hit Legal Snag

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A vial of medical marijuana

Marijuana is poured from a jar at at medical marijuana dispensary. (David McNew/Getty Images)

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OAKLAND (AP) — The city of Oakland’s plan to license four medical marijuana production and processing plants might be snuffed out before it starts.

The Oakland Tribune reports that the Alameda County District Attorney sent a letter to city officials this week warning that the kind of large-scale commercial growing operations they want to authorize are probably illegal under both state and federal law.

In her letter, District Attorney Nancy O’Malley said state courts already have found that California’s medical marijuana law does not provide legal cover for storefront pot dispensaries that nonetheless have flourished.

Growing facilities are likely to be just as illegal, and city officials could be held criminally liable if they endorse such activity, according to O’Malley.

(© 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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