SAN FRANCISCO (KCBS) – Medical marijuana providers and patients are suing the federal government to keep it from shutting down pot clubs in California.

Attorney Matthew Kumin represents a coalition of medicinal marijuana clients, who are filing suits in the four districts in California where the U.S. attorneys are cracking down on pot dispensaries.

KCBS’ Doug Sovern Reports:

“They’re filing for a temporary restraining order to stop the federal government from taking action against patients in the state of California who are in compliance with state law,” Kumin said. “This is based on the federal government’s own promise to a federal court judge in 2009 that they would not take action against patients in compliance with state law.”

The medical marijuana dispensaries are facing a November 12 deadline to close their doors.

If the courts don’t step in to stop it, the dispensaries will face federal criminal prosecution if they don’t cease operations by that deadline.

Charlie Pappas, chairman of the Divinity Tree Patients Wellness Cooperative in the Tenderloin, which received a notice to shutdown, said he’s not sure why this move came down so suddenly.

“I really don’t understand why this is going on now. It really makes no sense,” Pappas said.

He said that patients will be forced to buy marijuana on the streets if the clubs shut down.

The U.S. Attorney’s Office had no comment on the suit.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (14)
  1. JB says:


    If you listen closely you can hear the last gasps of air that the prohibitionists are taking with this action.

    The reefer madness generation is beginning to die off and the Feds won’t be able to get away with this forever.

  2. Mike Yoo says:

    Sure, pot helps SOME patients, but how many really? Surely, not enough to justify these drug dens supplying for recreational potheads.

  3. C Nguyen says:

    It is time for Obama to show the world and the American people that the US is truely the beacon of freedom and democracy. The governent of a true democracy should respect the wills of the people and not use trong arm to deny the people their basic rights.
    Pot was created by God and not a manufacturing product like tobacco and alcohol which kill millions of people a year but sold and consumed in every corner of the nation. Prescription drugs killed countless number of deaths every day, yet they are legal because the big pharmaceutcal companies pay billions of dollars every year to politicians and law makers.

  4. A. Murphy says:

    sure there are some who get medical marijuana that are not in need severly enough to justify it, but those who do need it would be forced to break the law to get the medicine they need or turn to riskier and addictive pharmaceuticals to relieve their pain and other symptoms. Having a few stoners out there is an acceptable risk (they are there any way) to keep the sick better with out pumping more opiate drugs into patiets and the streets. If you shut down “pot” prices will go up and encourage trafficking. there will be MANY more pills hitting the streets endangering our children and loved ones. at least pot is only psychologically addictive, doesn’t ruin your organs, can be smoked, vaporized or consumed to fit any kind of patient. there are no DT’s or overdose other than sleep and a foggy head. Alcohol and tobaco kill and kill again, yet they are legal EVERY WHERE!

  5. iron says:

    I am for medical marijuana.
    The more people with no brain, the easier for me it will be to be better off. So I am all for it.
    I wish they would legalize it in China too. I could become king of the world.

  6. Mitch says:

    This is a real dilemma for right wing “states rights” advocates. they have to defend pot clubs or be super hypocrites.

  7. Bear says:

    Patent 6,630,507.
    Look it up and explain to me why the government is opposing medical marijuana!

  8. Michael says:

    The so-called patients that you speak of
    already buy their dope on the streets.

  9. Michael says:

    Federal Law supersedes city, county, and state law.

  10. Michael says:

    They’ll stone you when you’re trying to be so good
    They’ll stone you just like they said they would
    They’ll stone you when you’re trying to go home
    They’ll stone you when you’re there all alone
    But I would not feel so all alone
    Everybody must get stoned

    They’ll stone you when you’re walking on the street
    They’ll stone you when you’re trying to keep your seat
    They’ll stone you when your walking on the floor
    They’ll stone you when your walking to the door
    But I would not feel so all alone
    Everybody must get stoned

    They’ll stone you when you’re at the breakfast table
    They’ll stone you when you are young and able
    They’ll stone you when you’re trying to make a buck
    They’ll stone you and then they’ll say good luck
    But I would not feel so all alone
    Everybody must get stoned

    Well They’ll stone you and say that it’s the end
    They’ll stone you and then they’ll come back again
    They’ll stone you when you’re riding in your car
    They’ll stone you when you’re playing you guitar
    Yes But I would not feel so all alone
    Everybody must get stoned

    Well They’ll stone you when you are all alone
    They’ll stone you when you are walking home
    They’ll stone you and then say they’re all brave
    They’ll stone you when you’re send down in your grave
    But I would not feel so all alone
    Everybody must get stoned

  11. TAXESFORWHAT says:

    As a nondrinker and nonsmoker, but as a taxpayer, I’m annoyed that this govt has nothing better to do. Going after tax paying businesses with taxpayer monies to shut down a taxpaying business? If the govt has so many extra police, put them along the border to entertain the cartels/illegals. And, ever wonder why people are fed up with the direction of this country and their govt?

  12. Mark says:

    The only reason we are even having this discussion is because most Americans are too chicken to change a bad set of laws. I am an advocate, but am willing to admit that legalization medical pot is only a stepping stone to the ral goal of reversing prohibition. THC is a much safer drug than alcohol. Nobody ever died from a THC overdose, or developed a chronic disease (except maybe a few cases of diminished lung function from extreme overuse) from it. The fact that it is defined as a schedule one drug, in the same class as heroine, is absolutely absurd.

    The government should get out of the business of playing nanny to adults. Legislating victimless behavior or morality has never brought anything but suffering, financial waste, and increased criminal activity.

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