SAN FRANCISCO (KCBS) – San Francisco District Attorney George Gascón said a legal brief recently filed recently filed by city prosecutors in a drug case, that argues all medical marijuana dispensaries in California are illegal, no longer represents the views of his office.

Gascón said the brief, which states directly “All sales of marijuana are illegal,” should not have been filed in the case against a delivery woman for Mr. Nice Guy, a Haight Ashbury dispensary shuttered by the Justice Department in December.

“This is a 3-year-old memo that has been floating around the office, and it was used without my knowledge. And it does not represent my views on the law,” he said.

KCBS’ Tim Ryan Reports:

Gascón said the memo was being taken out of circulation, although that does not necessarily mean charges against the woman in the Mr. Nice Guy case would be dropped.

Prosecutors have scheduled a meeting with her attorney, former District Attorney Terrence Hallinan, to discuss the facts of the case and reassess the prosecution

Police confiscated $631 in cash, more than 100 plastic bags of pot and hashish, and 48 marijuana edibles from the woman when she was arrested.

Gascón indicated charges would be dropped if the patient had a legitimate medical marijuana card and the woman was working on behalf of a licensed cannabis club.

Medical marijuana prosecution was not a priority for the San Francisco District Attorney’s Office, Gascón said, adding he would meet with medical marijuana advocates later on Thursday to clarify his stance.

“I do support medical marijuana,” Gascón said.

San Francisco has about 20 licensed medical marijuana dispensaries. Mr. Nice Guy specialized in birthday cakes shaped like a pot leaf.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (4)
  1. StephnT says:

    While I support the use of medicinal marijuana, it’s open a significant Pandora’s Box which many legislators fail to recognize. These issues include the “distribution of narcotics” to residents in multi-unit dwellings such as apartment buildings and condo complexes, and the permeation of smoke/odor from one unit to another. In the first instance, landlords & Condo Associations are NOT exempt from Federal prosecution, if they allow dispensary agents to deliver Marijuana to a resident. This has already occurred in Los Angeles, San Diego, Sacrament & San Francisco. This is because, the Feds still view the use of Marijuana as illegal.

    A 2nd aspect of this is a Landlord’s/HOA’s right to prohibit deliveries to their property. Under Federal & State statutes, these entities have these rights. Many think, those using medicinal marijuana are a “protected class under ADA.” They are not. In fact, HUD, the Fed Gov and courts have regularly declared they are not.

    The smoke/odor issues is a more immediate problem. As I said above, while some think medicinal users are a protected class, they are not. In many cases in the US and California, the courts have sided with the non-smoker as the protected class due to 2nd Hand Smoke contamination. There have been several suits in California where the non-smoker resident has sued a landlord who have failed to prevent smoke/odor passing from a smoking unit. Residents of Condo Associations have successfully sued other owners who smoked when the smoke/odor passed into their unit. Either the HOA is on the financial hook to seal the unit, or the smoker is.

    In June of 2009, the State of CA placed Marijuana smoke on the state’s Prop 65 Carcinogen List. Meaning, where ever cigarette smoking is banned, so is Marijuana smoking.

    In recent articles, more and more landlords & HOAs are banning smoking in their complexes. There are 13 cities in CA that now ban smoking in multi-unit dwellings: the most recent was Pasadena. San Francisco is very close to this with landlords, HOA boards & non-smokers coming together to ban smoking in these type of complexes.

    As I said, I support the use of medicinal marijuana. It’s just unfortunate no one is discussion the bigger picture and how to co-exist

    1. Chads says:

      That’s a good reason for the Feds to take cannabis off the Schedule 1 narcotics list. Also, many people vaporize and/or consume cannabis these days–no smoke, no odor.

  2. thatrebecca says:

    The comedy film Gone to Pot is running a free video contest asking people submit a 45 sec or less video explaining why people love marijuana. The top 10 videos will appear in the film and the top 3 will share $10,000. Celeb judges include comedian Margaret Cho and Academy Award nominated director Peter Bogdanovich.

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