вторник, 20 декабря 2011 г.

Fairfax medical marijuana dispensary closes and vacates premises on schedule

Fairfax medical marijuana

The Marin Alliance for Medical Marijuana, the oldest dispensary of its kind in the state, quietly shut down over the weekend, the victim of a federal crackdown.

"They moved out of the premises just before 2 a.m. on Sunday morning," said Peter Goldstone, a Santa Rosa attorney who has represented the Alliance, and its operator, Lynnette Shaw, in an eviction proceeding that was brought by the Alliance's landlord. Shaw could not be reached for comment.

The landlord, Farshid Ezazi of Orinda, initiated the eviction proceeding after Melinda Haag, the San Francisco-based U.S. attorney for the Northern District of California, threatened to confiscate the building in which the Alliance operated at 6 School St. in Fairfax. The Fairfax dispensary is among dozens statewide that federal prosecutors say they have targeted due to the dispensaries' proximity to parks, schools and other facilities used by children.

The Marin Wellness Center, a medical marijuana dispensary at 1100 Sir Francis Drake Blvd. in Kentfield, is also being forced to close by Jan. 1 due to pressure applied to its landlord by federal authorities. A third dispensary, the Green Door Wellness Education Center at 7586 Redwood Blvd. Suite C in Novato, is battling an eviction proceeding brought by its landlord and is awaiting a Marin Superior Court judge's decision after a one-day trial on the eviction last week.

Shaw had previously said that she would seek to continue storing thousands of patients' medical records at the School Street site. She said she had nowhere else to put them. But Goldstone said the records have been removed.
"My understanding is that it is what they call broom-clean, and they've turned over the keys," Goldstone said.

The federal government began the process of confiscating the School Street building on Nov. 18, even though Ezazi had already initiated court action to evict the Marin Alliance. Robert Weems, Ezazi's attorney, said his client filed court papers last week formally acknowledging ownership of the 6 School St. property, a step he had to take if he hopes to retain ownership. Weems said the Marin Alliance's closure should strengthen Ezazi's case.

"We think it is significant that possession has been returned to us," Weems said. Ezazi can now file a motion to dismiss the forfeiture proceeding or opt for a trial, Weems said.

Shaw, who has always shared information freely about the Alliance's long-standing legal battles, stopped responding to questions from the press earlier this month, saying that she was "in great danger" and had to end her relationship with the Alliance, which she helped found.

A message on the Alliance's website announcing the closure states, "We are very sorry to announce that we have shut our doors until we can resolve certain legal issues. The battle is not over, but we must await further court action that will allow us to reopen, hopefully within a month or two. Unfortunately, our owner and director, Lynnette Shaw, finds it best to sever her relationship with Marin Alliance."

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