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News from:
City Attorney Barbara J. Parker

October 30, 2015

Statement from City Attorney Barbara J. Parker on the Ninth Circuit Court of Appeals’ Denial of City’s Petition for Rehearing in City of Oakland v. Lynch Case No. CV 12-05245-MEJ

OAKLAND, CA – “We are evaluating our options because of the grave injustice here. The President, Congress and top Department of Justice officials have taken public positions that the federal government should not interfere with medical cannabis businesses operating in compliance with state law. The Ninth Circuit Court of Appeals recognized that Oakland has standing to bring an action because the government’s forfeiture action will result in serious injury to the City, but we can’t proceed under the forfeiture framework because we have no interest in the real property. It means the City and our taxpayers will be harmed, but have no legal recourse. Given the clear direction of the President and Congress – and the recent ruling by U.S. District Court Judge Charles Breyer that Congress’s 2015 Appropriations Act prohibits federal law enforcement authorities from taking actions to shut down medical cannabis businesses that are complying with state law – it boggles the mind that we have to continue this battle.”

More info about this case

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